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THE 


FUNDAMENTALS 


OF 


AMERICAN  GOVERNMENT 


INCLUDING    THE    GREAT    DOCUMENTS    ON    WHICH    ITS 
INSTITUTIONS  ARE  FOUNDED  AND  THE  STATUTES 
RELATING    TO   NATURALIZATION  AND    EXPA- 
TRIATION,    WITH     AN     INTRODUCTION 
AND  EXPLANATORY  NOTES. 


By  CHARLES  Z.  LINCOLN 

Author  of  "The  Constitutional  History  of  New   York,"  Member   ov 

THE  New  York   Constitutional   Convention  of   1894,  and   for 

Six   Years    (1895-1900)    Chairman   of   the    Statutory 

Revision   Commission   and   I,egal   Adviser 

TO     Governors     Morton,    Black, 

AND  Roosevelt. 


Thk  Lawyers  Co-operative  Publishing  Company 

Rochester,  N.  Y. 

1907. 


REC'D  APR  7    1932 


O  6  O   i    i      ^ 

4 


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T 
LC>3S3'F 


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Entered  according  to  Act  of  Congress,  in  the  year  nineteen  hundred  seven,  by 

CHARLES  Z.  I,INCOI,N, 

In  the  office  of  the  I,ibrarian  of  Congress,  at  Wasnington,  D.  C. 


E.  R.  Andrews  PRiNTiNci  Co.,  Rochester,  N.  Y. 


so 

«0 


PREFACE. 

The  title  of  the  book  shows  what  it  is,  or,  at  least, 
Vvhat  it  is  intended  to  be.  It  is  prepared  primarily  for 
the  information  of  foreigners  intending  to  become  Ameri- 
can citizens ;  but  it  is  hoped  that  it  will  also  be  useful  to 
experienced  citizens,  and  to  native  Americans  coming 
into  citizenship.  The  chief  purpose  of  the  book  is  the 
presentation  in  convenient  form  of  the  four  great  docu- 
ments which  compose  the  foundation  of  our  government, 
namely.  Magna  Charta,  the  Declaration  of  Independence, 
the  Articles  of  Confederation,  and  the  Constitution  of 
the  United  States.  These  have  been  preceded  by  a  gen- 
eral introduction,  in  which  I  have  tried  to  set  forth,  as 
briefly  as  practicable,  the  elements  of  our  system  of  gov- 
ernment, the  relations  sustained  by  the  states  to  one 
another  and  to  the  nation,  and  also  some  observations  on 
the  rights,  privileges,  immunities,  and  duties  of  citizens. 

The  increased  tendency  manifested  by  recent  naturali- 
zation laws  to  raise  the  standard  of  foreign  citizenship 
by  imposing  educational  qualifications,  requiring  more 
knowledge  of  the  American  system  of  government,  seems 
to  demand  the  preparation  of  a  volume  from  which  the 
foreigner  may  obtain  some  knov^dedge  of  the  fundamen- 
tals of  our  government. 

The  situation  presented  by  the  large  immigration  of 
recent  years,  by  which  our  population  is  increased  month- 
ly by  the  hundred  thousand,  has  aroused  the  attention 
and  excited  the  patriotic  interest  of  large  numbers  of  our 


iv  Preface. 

people,  who  appreciate  the  possibihties  of  absorption  into 
our  citizenship  of  so  many  persons  without  experience 
in  self-government  as  understood  and  applied  in  the 
United  States.  The  proper  instruction  of  these  strangers 
as  a  preparation  for  the  high  duties  of  citizenship,  and 
also  to  insure  the  preservation  of  Anglo-Saxon  free 
institutions,  justifies  the  activity  manifested  at  the  pres- 
ent time  by  various  patriotic  societies  and  individuals  in 
devising  plans  for  training  new  citizens.  Such  instruc- 
tion has  very  wisely  been  made  one  of  the  objects  of  the 
Society  of  the  Daughters  of  the  American  Revolution, 
composed  of  some  sixty  thousand  patriotic  women.  Oth- 
er similar  societies  are  also  giving  their  attention  to  this 
subject,  and  we  may  soon  expect  to  see  a  general  move- 
ment throughout  the  country  for  the  instruction  of  new- 
comers, not  only  in  the  general  principles  of  our  institu- 
tions, but  also  in  the  various  forms  of  state  and  munici- 
pal government,  with  the  different  methods  of  local  ad- 
ministration. 

It  must  be  remembered  that,  by  the  process  of  naturali- 
zation, the  stranger  becomes  a  voter  in  the  city,  town, 
or  village  where  he  lives,  and  entitled  to  participate  in 
municipal  affairs  as  well  as  in  state  or  national  affairs. 
This  book  is  intended  only  for  the  larger  national  field. 
Whether  it  will  be  found  available  for  use  in  schools 
must  be  determined  by  experience,  but  it  is  believed  that 
persons  interested  in  the  instruction  of  foreigners  and 
others  in  the  principles  of  our  government  will  be  able 
to  use  the  book  by  a  series  of  questions  or  otherwise, 
which  may  be  supplemented  by  special  instruction  appli- 
cable to  the  particular  state  or  municipality.  The  book  is 
not  a  treatise,  but  it  is  hoped  that  it  may  be  found  useful 
as  a  compendium  or  handbook,  and  that  the  reader  will 
be  able  to  obtain  from  it  a  general  view  of  our  national 


Preface.  v 

government  and  of  its  relations  to  the  states  and  to  the 
people. 

The  statutes  relating  to  naturalization  have  been  in- 
cluded so  that  the  foreigner  may  conveniently  obtain  a 
knowledge  of  the  principles  on  which  American  citizen- 
ship is  granted,  and  the  procedure  by  which  he  may  be- 
come a  member  of  the  American  nation.  It  is  also  hoped 
that  judges  who  have  jurisdiction  to  admit  foreigners  to 
citizenship  will  find  this  compilation  of  the  naturalization 
and  expatriation  laws,  with  the  great  fundamental  docu- 
ments, a  convenience  in  this  department  of  judicial  ad- 
ministration. 

The  preparation  of  this  book  gives  occasion  for  the 
observation  that  there  is  now  no  uniform  national  suf- 
frage. The  14th  Amendment  has  given  us  national 
citizenship,  but  suffrage  is  still  a  matter  of  state  policy. 
In  some  states  an  alien  is  permitted  to  vote  after  he  has 
made  a  declaration  of  his  intention  to  become  a  citizen. 
This  gives  him,  even  before  citizenship,  the  same  right  of 
suffrage  that  in  other  states  is  permitted  to  citizens  only, 
which  produces  an  inequality  in  the  right  of  suffrage, 
and  makes  it  possible  for  many  persons  who  arfe  not 
citizens  to  vote  for  President  and  Vice-President,  for 
members  of  Congress,  and  for  members  of  state  legisla- 
tures by  whom  United  States  senators  are  chosen,  and  in 
this  manner  persons  who  are  not  yet  citizens  participate 
directly  in  national  affairs.  A  state  should,  as  a  matter 
of  internal  policy,  have  the  power  to  determine  the  quali- 
fications of  voters  on  questions  of  local  interest,  but  it 
seems  perfectly  obvious  that  on  national  questions  there 
should  be  one  uniform  rule  of  suffrage,  based  on  citizen- 
ship only.  This  situation  can  be  brought  about  only  by 
an  amendment  to  the  Federal  Constitution,  or  else  by  an 
amendment  of  the  Constitutions  of  those  states  in  which 


vi  Preface. 

alien  suffrage  is  now  permitted.  Early  conditions  in 
these  states  apparently  justified  the  offer  of  liberal  temis 
of  suffrage,  and  immigrants  settling  there  became  citi- 
zens for  all  practical  purposes  several  years  before  they 
could  be  naturalized.  Perhaps  improved  modern  condi- 
tions, the  growth  of  population,  and  commercial  advan- 
tages would  justify  those  states  in  changing  the  existing 
policy  on  the  question  of  suffrage,  and  adopting  the  rule 
which  prevails  in  the  majority  of  the  states,  by  which 
the  right  of  suffrage  is  based  on  citizenship.  It  may  be 
worth  while  for  those  who  are  taking  up  the  matter  of 
the  instruction  of  foreigners  to  consider  the  propriety  of 
advocating  the  adoption  of  a  uniform  rule  of  national 
suffrage.  The  rule,  if  adopted,  should  probably  apply 
only  to  future  cases,  without  affecting  the  right  of  suf- 
frage already  conferred  on  aliens  by  existing  state  Con- 
stitutions. C.  Z.  L. 
Albany,  N.  Y. 
October  i,  1907. 


CONTENTS. 

INTRODUCTIOlSr. 

PAGE 

Popular  Government  2 

The  Nation  3 

An  English  Nation 6 

The  States    7 

State  Governments ^3 

Municipal  Government I4 

Counties  ^4 

Cities    ^5 

Tozvns    ^5 

Villages    ^7 

School  Districts lo 

Suffrage    ^° 

Citizenship    20 

Anarchists  Excluded   22 

Expatriation    23 

Our  Island  Possessions 24 

The  Hazvaiian  Islands 24 

Porto  Rico  •'  25 

»     Philippine  Islands 26 

Rights  Protected  by  Constitutions 27 

Privileges  and  Immunities  of  Citizens 27 

Bill  of  Attainder 3° 

Compensation  for  Private  Property  Taken  for  Pub- 
lic Use 30 

Elective  Franchise   3^ 

Ex  Post  Facto  Law   3^ 

Freedom  of  Speech  and  of  the  Press 3^ 

Habeas  Corpus  3^ 

Impairing  the  Obligation  of  a  Contract 32 

Quartering  Troops 32 

Religious  Freedom  32 

Rights  of  Accused • 32 

vii 


viii  Contents. 

Trial  by  Jury   33 

Twice  in  Jeopardy  33 

Witness  against  Himself 33 

Duties  of  Citizens   34 

Voting    34 

Military  Service   3^ 

Official  Service 38 

Jury   Service 40 

Contributions  for  the  Support  of  Government  ....  41 

Obedience  to  Law 43 

THE  GKEAT  DOCUMENTS. 

Explanatory  Remarks  on 

Magna    Charta  46 

Declaration  of  Independence   49 

Articles   of   Confederation  50 

Constitution  of  the  United  States $0 

Magna  Charta,  1215 52 

The  Declaration  of  Independence,  1776 83 

Articles  of  Confederation,  1778 90 

The  Constitution  of  tpie  United  States,  1787  . .  105 

Amendments  to  Federal  Constitution   147 

NATURALIZATION  LAWS  AND  REGULATIONS. 

Naturalization  Laws 173 

Naturalization  Regulations 202 

EXPATRIATION  LAW. 


TABLE  OF  CASES  CITED. 
B. 

PAGE 

Banks  v.  Manchester,  128  U.  S.  252,  32  L.  ed.  428,  9 

Sup.  Ct.  Rep.  36  125 

Barbier  v.  Connolly,  113  U.  S.  2^,  28  L.  ed.  923,  5  Sup. 

Ct.  Rep.  357  170 

Blake  v.  McClung,  172  U.  S.  239,  43  L.  ed.  432,  19  Sup. 

Ct.  Rep.  165   169 

Boyd  V.  Nebraska,  143  U.  S.  162,  36  L.  ed.  109,  12  Sup. 

Ct.  Rep.  375  124 

Boyd  V.  United  States,  116  U.  S.  634,  29  L.  ed.  752,  6 

Sup.  Ct.  Rep.  524 151 

C. 

Calder  v.  Bull,  3  Dall.  386,  i  L.  ed.  648 129 

Carlisle  v.  United  States,  16  Wall.  147,  2  L.  ed.  426  .  .    139 

Chisholm  v.  Georgia,  2  Dall.  419,  i  L.  ed.  440 156 

Corfield  v.  Coryell,  4  Wash.  C.  C.  371,  Fed.  Cas.  No. 

3-230    141 

Cox  V.  Lott.    See  State  Tonnage  Tax  Cases. 

Coy,  Re,  127  U.  S.  731,  32  L.  ed.  274,  8  Sup.  Ct.  Rep.' 

1263    119 

D. 

Davis  V.  Beason,  133  U.  S.  342,  33  L.  ed.  640,  10  Sup.  Ct. 

Rep.  299 150 

De  Giacomo,  Re,  12  Blatchf.  391,  Fed.  Cas.  No.  3,747.  .  129 

Dred  Scott  Case,  19  How.  393,  15  L.  ed.  691 108 

162,  163,  166,  169 
E. 

Eilenbecker  v.  District  Court,  134  U.  S.  35,  33  L.  ed. 

803,  10  Sup.  Ct.  Rep.  424 153 

ix 


X  Table  of  Cases  Cited. 

F. 
Fitzgerald  v.  Green.    See  Green,  Re. 

G. 

Gibbons  v.  Ogden,  9  Wheat,  i,  6  L.  ed.  23 123 

Green,  Re,  134  U.  S.  379,  33  L.  ed.  953,  10  Sup.  Ct.  Rep. 

586    160 

H. 

Hanover  Nat.  Bank  v.  Moyses,  186  U.  S.  187,  46  L.  ed. 

1 1 19,  22  Sup.  Ct.  Rep.  857 124 

Hollingsworth  v.  Virginia,  3  Dall.  378,  i  L.  ed.  644 143 

I. 

Interstate  Commerce  Commission  v.  Cincinnati,  N.  O. 
&  T.  P.  R.  Co.  76  Fed.  183,  Affirmed  (1897) 
167  U.  S.  479.  42  L.  ed.  243,  17  Sup.  Ct.  Rep. 
896    Tii 

J- 

Johnson  v.  Sayre,  158  U.  S.  114,  39  L.  ed.  916.  15  Sup. 

Ct.  Rep.  773 152 


Kilbourn  v.  Thompson,  103  U.  S.  204,  26  L.  ed.  392.  .  150 

Klein,  Re,  i  How.  277,  note,  1 1  L.  ed.  130 124 

Kring  v.  Missouri,  107  U.  S.  221,  27  L.  ed.  506,  2  Sup. 

Ct.  Rep.  443 129 

L. 

Langford  v.  United  States,  loi  U.  S.  341,  25  L.  ed.  loio  116 

Legal  Tender  Cases,  12  Wall.  457,  20  L.  ed.  287 125 

Legal  Tender  Case,  no  U.  S.  444,  28  L.  ed.  213,  4  Sup. 

Ct.  Rep.  122 122,  124 

Lemmon  Case,  20  N.  Y.  562 140 

Livingston  v.  Moore,  7  Pet.  551,  8  L.  ed.  781  155 


Table  of  Cases  Cited.  xi 

M. 

McCall  V.  McDowell,  Deady,  233,  Fed,  Cas.  No.  8,673  •  •  ^29 

McClurg  V.  Kingsland,  i  How.  206,  11  L.  ed.  103  ....  125 
McCray  v.  United  States,  195  U.  S.  27,  49  L.  ed.  78,  24 

Sup.  Ct.  Rep.  769 122 

M'Culloch  V.  Maryland,  4  Wheat.  316,  4  L.  ed.  579  .  .  108 
McDonald  v.  Massachusetts,  180  U.  S.  311,  45  L.  ed. 

542,  21  Sup.  Ct.  Rep.  389  154 

Marbury  v.  Madison,  i  Cranch,  137,  2  L.  ed.  60 132 

Martin  v.  Mott,  12  Wheat.  29,  6  L.  ed.  540 126 

Mattox  V.  United  States,  156  U.  S.  240,  39  L.  ed.  410, 

15  Sup.  Ct.  Rep.  337 153 

Minor  v.  Happersett,  21  Wall.  162,  22  L.  ed.  627   .  .  142 

170,  171 

Moore  v.  Illinois,  14  How.  20,  14  L.  ed.  309 152 

Moore  v.  Missouri,  159  U.  S.  673,  40  L.  ed.  301,  16  Sup. 

Ct.  Rep.  179 152 

N. 
New  York  v.  Miln,  1 1  Pet.  102,  9  L.  ed.  648 155 

O. 

Orient  Ins.  Co.  v.  Daggs,  172  U.  S.  561,  43  L.  ed.  554, 

19  Sup.  Ct.  Rep.  281    169 

P. 

Pearson  v.  Yewdall,  95  U.  S.  294,  24  L.  ed.  436 154 

Permoli  v.  New  Orleans,  3  How.  609,  ii  L.  ed.  748  .  .  149 
Pollock  V.  Farmers'  Loan  &  T.  Co.,  157  U.  S.  429,  39  L. 
ed.  759,  15  Sup.  Ct.  Rep.  673,  158  U.  S.  6or, 

39  L.  ed.  1 108,  15  Sup.  Ct.  Rep.  912 115 

Prigg  V.  Pennsylvania,  16  Pet.  539,  10  L.  ed.  1060  ....  113 

S. 

Scott  V.  Sandford.    See  Dred  Scott  Case. 

Shields  v.  Thomas,  18  How.  262,  15  L.  ed.  372 154 

Siebold,  Ex  parte,  100  U.  S.  371,  25  L.  ed.  717 n8 


xii  Table  of  Cases  Cited. 

Slaughter  House  Cases,  i6  Wall.  36,  21  L.  ed.  394  ....  164 

168,  172 
Smyth  V.  Ames,  169  U.  S.  518,  42  L.  ed.  839,  18  Sup.  Ct. 

Rep.  418 170 

State  Tomiage  Tax  Cases,  12  Wall.  214,  20  L.  ed.  373.  .  123 


Tennessee  v.  Davis,  100  U.  S.  263,  25  L.  ed.  650 144 

Thomas  v.  United  States,  192  U.  S.  363,  48  L.  ed.  481, 

24  Sup.  Ct.  Rep.  305   122 

U. 

United  States  v.  Goldman,  3  Woods,  187,  Fed.  Cas.  No. 

15.225     Ill 

United  States  v.  Greathouse,  4  Sawy.  457,  Fed.  Cas.  No. 

I5>254  139 

United  States  v.  Ormsbee,  74  Fed.  209 iii 

United  States  v.  Reese,  92  U.  S.  217,  23  L.  ed.  564  ....  171 
United  States  v.  Wong  Kim  Ark,  169  U.  S.  676,  42  L. 

ed.  900,  18  Sup.  Ct.  Rep.  456 123,  169 

United  States  ex  rel.  Turner  v.  Williams,  194  U.  S.  292, 

48  L.  ed.  985,  24  Sup.  Ct.  Rep.  719 150 

W. 

Watkins,  Ex  parte,  7  Pet.  573,  8  L.  ed.  789 154 

Wayman  v.  Southard,  10  Wheat.  42,  6  L.  ed.  262  ....  11 1 
Wiley  V.  Sinkler,  179  U.  S.  62,  45  L.  ed.  88,  21  Sup.  Ct. 

Rep.   17 Ill 


Yarbrough,  Ex  parte,  no  U.  S.  663,  28  L.  ed.  279,  4 

Sup.  Ct.  Rep.  152  112 

Yung  Sing  Hee,  Re,  36  Fed.  437 129 


INTRODUCTION. 

The  large  immigration  of  persons  to  the  United  States, 
with  the  intention  of  making  a  new  home  in  this  country, 
suggests  the  need  of  a  book  containing  a  brief  outline  of 
our  form  of  government,  and  the  great  documents  which 
are  the  foundation  of  our  free  institutions.  It  is  believed 
that  every  right-minded  person  thus  coming  to  the  United 
States  with  the  intention  of  becoming  a  citizen  wishes  to 
become  an  intelligent  citizen,  to  know  something  of  his 
rights  and  duties  as  a  citizen,  and  how  the  government  is 
organized  and  maintained.  The  children  of  foreigners 
will  learn  many  of  these  things  in  the  schools,  and  by 
observation  and  experience  will  easily  come  to  understand 
what  it  means  to  be  an  American  citizen ;  but  persons  who 
are  beyond  the  school  age  must  in  some  other  way  learn 
how  to  become  intelligent  members  of  society  in  their 
adopted  country.  This  book  is  intended  as  an  aid  to  such 
persons. 

In  a  broad  sense  the  United  States  may  be  called  a  na- 
tion of  immigrants.  In  the  early  days  the  colonies  along 
the  Atlantic  coast  were  founded  by  immigrants  from 
Europe,  who  came  under  the  authority  of  various  charters 
granted  by  European  governments  authorizing  companies 
of  persons  to  discover  and  occupy  lands  on  this  continent 
within  specified  boundaries ;  and  from  these  charters,  and 
settlements  made  under  them,  arose,  for  the  most  part, 
the  colonies  which  afterwards  formed  the  United  States. 
In  those  early  days  Europe  had  become  overcrowded. 
This  Continent  seemed  to  be  substantially  unoccupied,  ex- 


2  Fundamentals  of  American  Government. 

cept  by  roving  tribes  of  Indians,  and  the  new  world  prom- 
ised abundant  room  for  the  surplus  population  of  Europe. 
Governments  encouraged  emigration,  and  sought  to  estab- 
lish colonies  where  the  people  might  have  better  oppor- 
tunities than  could  be  found  in  the  older  countries.  The 
rapid  increase  of  population  in  the  colonies  shows  that  the 
people  of  the  old  world  were  glad  to  avail  themselves  of 
the  new  opportunity. 

POPULAR  GOVEENMENT. 

The  principles  on  which  American  government  and 
institutions  are  founded  are  proclaimed  in  the  Declara- 
tion of  Independence,  in  the  propositions  that  all  men  are 
endowed  with  an  unalienable  right  to  life,  liberty,  and  the 
pursuit  of  happiness,  and  that  all  just  powers  of  govern- 
ment are  derived  from  the  consent  of  the  governed.  This 
is  the  basis  of  popular  liberty,  and  even  in  monarchical 
governments,  which  in  modern  times  have  surrendered 
certain  arbitrary  powers,  the  right  of  the  people  to  a  large 
degree  of  self-government  has  been  recognized,  and  it 
has  been  conceded  that  they  may  at  their  pleasure  grant  or 
withhold  powers  of  government  formerly  exercised  with- 
out their  consent. 

The  government  of  the  United  States  and  the  govern- 
ment of  each  state  exists  by  virtue  of  the  consent  of  the 
people.  The  people  make  the  government;  directly  or 
indirectly  they  determine  the  powers  of  the  government : 
they  prescribe  the  machinery  of  government;  they  con- 
sent to  be  governed  according  to  their  own  will,  which 
is  expressed  in  various  ways,  through  elections,  the  press, 
petitions,  remonstrances,  public  meetings,  and  other 
forms  of  discussion.  They  consent  to  be  governed  by 
rules  prescribed,    directly  or   indirectly,   by  themselves, 


Popular  Government.  3 

and  declared  either  in  a  written  constitution  or  in  stat- 
utes.    The  methods  are  various. 

For  the  protection  of  the  people  themselves,  and  for 
the  purpose  of  imposing  restraints  on  their  official  repre- 
sentatives, a  written  Constitution  has  been  framed,  setting 
forth  certain  principles  of  government ;  and  by  this  instru- 
ment the  people  not  only  bind  their  official  representatives, 
but  they  also  bind  themselves  and  proclaim  themselves 
subject  to  the  limitations,  conditions,  and  prohibitions 
contained  in  the  Constitution.  They  agree  among  them- 
selves that  the  rules  thus  laid  down  in  the  Constitution 
shall  bind  them  and  their  successors.  In  this  way  the 
people  have  set  bounds  to  their  own  authority,  and  have 
imposed  restraints  upon  their  powers.  The  people  de- 
termine the  form  of  government  under  which  they  will 
live,  and  they  have  entered  into  a  solemn  compact  with 
each  other  that  the  written  Constitution  which  they  have 
adopted  shall  be  the  standard  by  which  all  powers  shall 
be  measured,  and  by  which  the  rights,  duties,  and  privi- 
leges of  the  people  shall  be  determined.  This  is  what  is 
meant  by  "the  consent  of  the  governed."  This  is  "gov- 
ernment of  the  people,  by  the  people,  and  for  the  people." 

THE  NATION. 

The  United  States  is  a  republic.  The  people  rule,  but 
not  in  a  direct  way.  The  government  is  administered  by 
officers  chosen  by  the  people.  This  makes  the  govern- 
ment republican  in  form.  All  government,  whether  in  a 
republic  or  a  monarchy,  embraces  three  essential  elements, 
namely,  the  legislative,  the  executive,  and  the  judicial. 
Every  organized  government  must  have  laws ;  the  laws 
must  be  executed,  and  must  be  interpreted;  so  we  have 
three  departments  of  government,  each  separated  quite 


4  Fundamentals  of  American  Government. 

distinctly  from  the  others.  This  division  was  derived 
from  the  EngHsh  government  during  the  colonial  period, 
and  was  adopted  and  followed  without  essential  change 
when  the  colonies  became  a  nation, — the  President,  the 
Congress,  and  the  Judiciary  answering  to  the  English 
King,  the  Parliament,  and  the  Courts.  This  form  of 
government  was  substantially  reproduced  in  the  English 
colonies  in  America,  the  King  being  represented  by  a 
governor,  the  Parliament  by  a  colonial  legislature,  and 
the  judiciary  by  local  courts  by  which  justice  was  ad- 
ministered in  the  several  colonies. 

The  governor  was  the  general  executive  officer  in  the 
colony,  representing  the  English  government  so  far  as 
that  government  assumed  to  regulate  colonial  affairs; 
and  he  was  also  bound  to  execute  the  laws  of  the  colony. 
In  the  early  days  the  charters  granted  to  various  com- 
panies gave  them  large  powers  of  government,  but  as 
population  increased,  and  the  interests  of  the  colony  be- 
came enlarged,  demanding  more  supervision,  a  local  legis- 
lature was  established,  usually  called  an  assembly,  some- 
times a  house  of  representatives.  The  members  of  this 
legislative  body  were  chosen  by  the  people,  the  right  to 
vote  being  usually  limited  to  owners  or  tenants  of  land. 
These  elections  were  held  by  districts. 

In  addition  to  this  legislative  body  chosen  by  the  peo- 
ple, or  by  classes  of  the  people,  there  was  another  legis- 
lative body  composed  of  members  of  the  governor's  coun- 
cil, who  in  this  way  became  also  a  part  of  the  legislature, 
and  took  part  in  making  the  laws.  The  members  of  this 
council  were  not  chosen  by  the  people,  but  were  usually 
appointed  by  the  King,  though  sometimes  temporarily 
by  the  colonial  government.  In  its  legislative  capacity 
the  council  answered  to  the  English  House  of  Lords. 

These  colonial  legislatures  had  power  to  make  laws  for 
the  colony,  provided  such  laws  were  not  in  conflict  with 


The  Nation.  5 

the  laws  of  England;  and  these  local  laws  had  the  same 
force  and  effect  in  the  colony  as  if  they  had  been  made  by 
the  English  Parliament. 

Thus,  each  colony  had  a  form  of  local  government,  and 
was  substantially  independent  of  any  other  colony,  though 
the  forms  of  government  were  usually  quite  similar. 
When  the  Revolution  came  and  the  nation  was  estab- 
lished, these  independent  local  governments  had  been  in 
existence  many  years, — in  some  colonies  for  a  century  or 
more, — and  it  was  quite  natural,  therefore,  that  the  forms 
of  government  with  which  the  people  were  familiar  should 
be  continued  after  the  states  became  wholly  independent 
and  free  from  English  rule.  So  when  the  national  gov- 
ernment was  formed,  the  chief  executive  officer  was  given 
the  name  of  the  President,  the  local  legislative  assembly 
became  the  national  House  of  Representatives,  and  the 
governor's  council,  which  was  also  sometimes  a  legislative 
council,  became  the  Senate  of  the  United  States.  A  Su- 
preme Court  was  created,  and  the  Congress  was  given 
power  to  establish  other  courts. 

I  have  said  that  the  national  government  is  republican 
in  form.  This  is  true,  for  the  reason  that  the  officers 
who  administer  the  government  are  the  representatives  of 
the  people;  but  it  should  be  noted  that  members  of  the 
House  of  Representatives  are  the  only  officers  chosen  di- 
rectly by  the  people.  Senators  are  chosen  by  the  state 
legislatures,  which  are  chosen  by  the  people  of  the  several 
states.  So,  while  a  representative  in  Congress,  commonly 
known  as  a  member  of  Congress,  is  chosen  by  the  qualified 
voters  in  a  specified  district,  a  Senator  is  one  degree 
farther  from  the  people,  because  he  is  chosen  by  the  legis- 
lature of  the  state  which  he  represents. 

So,  the  President  and  Vice-President  are  not  in  form 
chosen  by  the  people,  though  practically  so  in  fact.  The 
President  and  Vice-President  are  chosen  by  presidential 


6  Fundamentals  of  American  Government. 

electors  in  each  state,  who  compose  what  is  known  as  the 
Electoral  College.  The  people  choose  the  Presidential 
electors,  who  are  nominated  by  political  parties  acting 
through  conventions.  By  long-established  custom,  candi- 
dates for  these  offices,  and  candidates  for  the  office  of 
presidential  elector,  are  placed  in  nomination  at  the  begin- 
ning of  a  presidential  campaign,  with  the  result  that 
votes  cast  for  presidential  electors  are  deemed  cast  for  the 
candidates  of  the  same  party  for  President  and  Vice- 
President. 

The  President  and  Vice-President,  Senators  and  Rep- 
resentatives in  Congress,  are  the  only  national  officers  who 
are,  even  in  form,  chosen  by  the  people.  All  judicial  of- 
ficers, and  all  other  executive  or  administrative  officers, 
and  also  military  and  naval  officers,  are  appointed,  in  some 
cases  by  the  President,  subject  to  confirmation  by  the  Sen- 
ate, in  some  cases  by  the  President  alone,  and  in  some 
cases  by  heads  of  departments  or  other  subordinate  of- 
ficers. 

The  President  and  Vice-President  are  chosen  for  terms 
of  four  years.  Senators  for  six  years,  and  Representatives 
in  Congress  for  two  years.  Judicial  officers  usually  serve 
during  good  behavior.  Some  other  officers  serve  during 
good  behavior,  or  until  the  expiration  of  a  fixed  time 
limit,  or  for  a  definite  term. 

An  English  Nation. 

The  colonies  which  by  the  Revolution  of  1776  became 
the  American  Nation  were  for  the  most  part  settled  by 
emigrants  from  Great  Britain.  New  England  and  Vir- 
ginia were  almost  entirely  English ;  the  same  statement  is 
substantially  true  of  some  other  settlements.  The  Dutch 
in  New  York,  the  Germans  in  Pennsylvania,  the  French 
Huguenots  in  North  Carolina,  and  representatives  of  other 
nationalities  in  several  parts  of  the  country,  did  not  ma- 


The  Nation.  7 

terially  affect  the  general  preponderance  of  English-speak- 
ing people;  and  at  the  time  of  the  Revolution  all  the 
colonies  which  joined  in  forming  the  new  nation  were 
subject  to  the  English  government.  The  United  States, 
therefore,  became  essentially  another  English  nation,  in 
which  the  English  language  was  generally  used,  and  by 
a  custom,  general  if  not  universal,  constitutions,  laws, 
public  documents,  and  records  are  required  to  be  in  the 
English  language. 

English  is  therefore  the  national  language;  and  while 
it  may  not  always  be  easy  for  older  persons  to  learn  to 
speak  the  language  readily,  the  necessity  of  being  able  to 
speak  it  has  been  imposed  by  law  upon  a  foreigner  who 
wishes  to  be  naturalized.  The  naturalization  law  of  1906 
declares  the  general  rule,  subject  to  some  exceptions,  that 
an  applicant  for  naturalization  must  be  able  to  speak  the 
English  language.  As  a  foreigner  is  required  to  live  here 
five  years  before  he  can  be  naturalized,  the  law  assumes 
that  he  will  spend  some  part  of  this  time  in  learning  to 
speak  the  English  language  as  a  part  of  his  preparation 
to  become  a  citizen. 

THE  STATES. 

The  American  Nation  is  composed  of  states  united 
under  one  central  government.  Each  state  is  in  its  local 
affairs  independent  of  other  states,  and  in  most  respects 
independent  of  the  general  government. 

Each  of  the  thirteen  states  from  which  the  Union  was 
formed  was,  prior  to  the  Revolution  of  1776,  a  colony 
or  province  under  the  dominion  of  the  British  govern- 
ment. Each  colony  had  a  local  government  partly  de- 
pendent on  the  Crown,  and  partly  independent.  The 
boundaries  of  the  colonies  were  reasonably  well  defined, 
and  each  colony  was  substantially  an  independent  com- 


8  Fundamentals  of  American  Government. 

munity.  Colonies  frequently  treated  with  each  other  as 
if  they  were  neighboring  states,  and  they  possessed,  even 
in  those  early  days,  the  general  characteristics  of  states. 
It  seems  perfectly  logical,  therefore,  that  the  framers  of 
the  Declaration  of  Independence  should  have  asserted  that 
the  colonies,  which  united  in  the  Declaration,  "are,  and  of 
right  ought  to  be,  free  and  independent  states,"  with  all 
the  rights,  powers,  duties,  and  obligations  of  independent 
states.  Thus,  on  the  adoption  of  the  Declaration  each 
state  became  independent,  not  only  as  against  the  English 
government,  but  as  against  all  the  other  states.  Each 
state  was  in  effect  a  nation  by  itself. 

For  the  purpose  of  achieving  the  independence  which 
had  been  declared,  some  kind  of  a  union  of  the  states  was 
necessary;  for  it  was  manifest  that  no  colony  which  had 
suddenly  become  a  state  could  alone  maintain  the  contest 
for  the  independence  which  had  been  declared.  So  the 
colonies,  having  declared  themselves  to  be  states,  formed 
a  union,  naming  it  "The  United  States  of  America,"  and 
adopted  an  instrument  which  was  called  the  "Articles  of 
Confederation."  This  instrument  set  forth  the  con- 
ditions on  which  the  Union  was  formed,  its  purposes,  its 
powers,  and  the  relation  of  the  states  to  each  other. 

The  new  states,  like  the  former  colonies,  were  jealous 
of  their  individual  rights,  and  in  the  Articles  it  was  ex- 
pressly provided  that  "each  state  retains  its  sovereignty, 
freedom,  and  independence,  and  every  power,  jurisdiction, 
and  right  which  is  not  by  this  Confederation  expressly 
delegated  to  the  United  States  in  Congress  Assembled." 
The  association  of  the  states  was  declared  to  be  a  "league 
of  friendship"  for  their  common  defense,  the  states 
"binding  themselves  to  assist  each  other  against  all  force 
offered  to  or  attacks  made  upon  them,  or  any  of  them,  on 
account  of  religion,  sovereignty,  trade,  or  any  other  pre- 
tense whatever." 


The  States.  9 

The  Articles  of  Confederation  are  given  at  length  in 
another  part  of  this  book  (see  post,  91),  and  should  be 
consulted  for  the  powers  and  limitations  imposed  on  the 
states  and  on  the  Congress.  For  the  most  part  the  states 
reserved  their  independence,  and  it  was  manifest  that  the 
Articles  did  not  create  a  nation  in  the  sense  in  which  we 
now  understand  that  term.  It  was  a  union  of  independent 
states  for  a  common  purpose,  but  each  state  reserved  so 
many  powers  to  itself  that  there  was  little  real  authority 
in  the  central  government,  which  acted  through  a  con- 
gress of  delegates  from  the  several  states.  Each  state 
was  practically  independent,  with  a  government  divided 
into  the  usual  three  departments, — legislative,  executive, 
and  judicial, — and  maintained  its  own  system  of  internal 
laws  and  policies.  The  right  of  naturalization  was  one 
of  the  rights  which  each  state  exercised  for  itself  during 
those  earlier  years. 

The  Articles  of  Confederation  have  been  called  a  "rope 
of  sand."  Each  state  could  take  part  in  the  government 
for  the  time  being,  or  decline  to  do  so ;  and  the  powers  of 
Congress  could  not  be  exercised  except  by  the  consent  of 
the  states.  The  Articles  created  a  moral  obligation,  but 
lacked  the  essential  powers  which  every  real  government 
should  possess.  The  necessity  of  the  situation  compelled 
some  sort  of  union,  and  the  patriotism  of  the  people  was 
sufficient  to  keep  even  a  weak  government  alive  during 
the  stress  of  the  war  and  until  the  independence  of  the 
United  States  had  been  acknowledged  by  Great  Britain, 
resulting  in  a  treaty  of  peace  concluded  on  the  3d  of  Sep- 
tember, 1783. 

The  weakness  of  the  union  under  the  Articles  of  Con- 
federation was  admitted  on  all  sides,  and  statesmen  soon 
began  to  consider  plans  for  the  formation  of  a  more  per- 
fect union  and  the  establishment  of  a  real  nation.  This 
discussion  resulted  in  the  preparation  of  the  CONSTITU- 


lo  Fundamentals  of  American  Government. 

TION  OF  THE  UNITED  STATES,  which  was  adopted 
in  1787  by  a  convention  of  delegates  from  the  several 
states,  of  which  George  Washington  was  president.  The 
Constitution  was  soon  ratified  by  a  sufficient  number  of 
states,  and  was  put  into  operation,  and  a  new  government 
organized  in  1789,  George  Washington  having  been  in- 
augurated the  first  President  of  the  United  States  on  the 
30th  of  April  of  that  year. 

A  real  government  was  organized,  and  the  United 
States  became  a  nation.  The  states  surrendered  to  the 
Federal  government  all  the  powers  needed  for  the  main- 
tenance of  an  independent  nation  and  for  the  preserv^ation 
of  national  life,  and  these  powers  have  been  asserted  and 
maintained  from  time  to  time  as  emergencies  have  arisen. 
But  the  states  still  reserved  a  large  measure  of  independ- 
ence, and  by  the  loth  Amendment  to  the  Constitution, 
which  was  proposed  in  1789,  soon  after  the  new  govern- 
ment was  organized,  and  which  went  into  operation  in 
1 79 1,  it  was  expressly  declared  that  "the  powers  not  dele- 
gated to  the  United  States  by  the  Constitution,  nor  pro- 
hibited by  it  to  the  states,  are  reserved  to  the  states,  re- 
spectively, or  to  the  people."    (See  post,  155) 

The  nation  has  a  Constitution  of  its  own,  and  each 
state  has  a  Constitution.  The  relation  of  the  state  Con- 
stitution to  the  Federal  Constitution  is  declared  in  the 
provision  in  the  latter  that  "the  Constitution  and  laws  of 
the  United  States,  which  shall  be  made  in  pursuance  there- 
of, and  all  treaties  made,  or  which  shall  be  made,  under 
the  authority  of  the  United  States,  shall  be  the  supreme 
law  of  the  land;  and  the  judges  in  every  state  shall  be 
bound  thereby,  anything  in  the  Constitution  or  laws  of 
any  state  to  the  contrary  notwithstanding." 

The  national  Constitution  relates  primarily  to  the  gov- 
ernment of  the  nation;  but  in  some  respects  it  relates  to 
the  government  of  the  states,  and  limits  or  restrains  some 


The  States.  1 1 

of  the  powers  which  the  states  may  exercise.  Each  state 
has  its  own  Constitution,  which  is  subordinate  to  the 
national  Constitution  on  questions  relating  to  national 
affairs  and  the  exercise  of  Federal  powers ;  but  in  general 
a  state  Constitution  is  independent  and  supreme.  It  pro- 
vides the  machinery  for  the  government  of  the  state, 
defines  tlie  powers  and  duties  of  the  several  departments  of 
government,  and  is  intended  to  regulate  and  control  all 
local  affairs.  In  these  respects,  and  where  not  controlled 
by  the  Federal  Constitution,  each  state  is  substantially  an 
independent  nation. 

It  should  not  be  forgotten  that  the  state  governments 
are  much  older  than  the  Federal  government;  older  in 
colonial  forms  which  preceded  the  state  governments, 
and  older  in  the  exercise  of  their  powers  as  states.  All 
the  thirteen  original  states  had  written  Constitutions,  and 
government  was  carried  on  under  them  in  a  regular  man- 
ner, before  the  national  Constitution  was  framed,  except 
Rhode  Island  and  Connecticut,  whose  governments  were 
continued  under  early  royal  charters  until  some  time 
subsequent  to  the  adoption  of  the  Federal  Constitution. 
These  state  constitutions  and  charters  continued  to  be  the 
foundation  of  state  governments  after  the  national  gov- 
ernment was  established,  and  the  adoption  of  the  Federal 
Constitution  did  not  affect  these  states  and  their  Consti- 
tutions or  governments,  except  as  state  powers  were  sur- 
rendered to  the  Federal  government  for  national  purposes. 

So  far  as  the  people  are  concerned  generally,  they  look 
to  the  state  governments  for  the  control  and  protection  of 
their  affairs  and  the  regulation  of  the  common  concerns  of 
life.  On  the  contrary,  the  scope  of  the  national  govern- 
ment, so  far  as  the  daily  life  of  the  people  is  concerned, 
is  quite  limited.  The  Postoffice  Department  is  the  only 
one  which  affects  all  the  people  in  their  common  affairs; 


12  FundaincntaJs  of  American  Government. 

every  community  has  its  postoffice  and  mail  service,  with 
postmasters,  carriers,  and  other  postal  officials.  No  other 
department  comes  in  contact  with  the  people  to  the  same 
extent  and  in  the  same  visible  manner.  The  people  can- 
not, however,  forget  the  Treasury  Department,  for  they 
are  constantly  reminded  of  its  existence  by  the  money 
they  use.  The  great  majority  of  our  citizens  rarely  see 
an  official  connected  with  this  department,  but,  by  reason 
of  its  supervision  and  management  of  the  money  system 
of  the  country,  it  makes  itself  felt  in  a  peculiar  manner  in 
the  daily  life  of  the  people.  The  old  days  of  state  money, 
or  money  authorized  by  the  state,  have  practically  passed 
away,  and  the  nation  asserts  its  presence  and  its  power  in 
all  our  transactions  requiring  the  use  of  money.  We 
acknowledge  the  supremacy  of  the  nation  when,  as  in 
many  formal  business  transactions,  we  promise  to  pay  the 
debt  we  assume  in  lawful  money  of  the  United  States. 
Whether  the  money  we  have  is  in  United  States  notes, 
gold  certificates,  silver  certificates,  national  bank  notes, 
or  coins  of  various  kinds,  we  receive  and  use  it  with- 
out question  except  to  ascertain  its  apparent  face  value, 
and  not  thinking  of  its  origin,  knowing  that  all  of  it 
rests  on  the  pledge  and  security  of  the  national  govern- 
ment. While  the  government  raises  revenue  by  internal 
taxes,  by  tariff  duties,  sales  of  public  land,  and  by  fees  im- 
posed for  services  performed  by  several  administrative  de- 
partments, these  features  of  government  are,  for  the  most 
part,  of  limited  application.  They  do  not  affect  all  the 
people,  but  only  particular  classes.  We  go  about  our 
daily  business,  and  attend  to  the  various  concerns  of  life, 
scarcely  realizing  that  there  is  a  Federal  government. 
Not  so  as  to  the  state ;  we  may  not  know  the  terms  of  its 
Constitution,  nor  be  familiar  with  many  of  its  statutes, 
but  we  live  and  work  under  its  shield.  We  are  in  con- 
stant touch  with  state  education,  state  charities  and  benev- 


The  States.  13 

olences,  religious  organizations  authorized  by  the  state, 
state  courts,  state  taxation  in  some  form,  either  indirect 
or  through  municipahties,  state  enforcement  of  laws 
against  crime,  and  the  preservation  of  peace  and  good 
order;  and  in  the  long  list  of  duties  and  obligations  by 
which  we  assert  the  right  to  life,  liberty,  and  the  pursuit 
of  happiness,  we  appreciate  the  great  benefits  derived 
from  being  members  of  the  state  whose  protection  and 
privileges  we  enjoy.  We  do  not  forget  the  nation,  nor 
our  obligations  to  it;  we  cherish  its  greatness  and  will 
defend  its  honor ;  but  it  is  farther  from  us  than  the  state, 
and  it  is  not  singular  that  as  citizens  we  should  remember 
that  the  state  is  the  original  source  of  all  authority  and 
protection,  both  in  the  nation  itself  and  in  the  community 
in  which  we  live. 

State  Governniciits. 

The  forms  of  government  in  the  several  states  are 
quite  similar.  Each  state  has  a  governor  and  other  exec- 
utive and  administrative  officers,  a  legislature,  and  a 
judicial  system.  The  governor  is  the  chief  executive 
officer;  the  legislature  is  the  lawmaking  power;  and 
judges  and  courts  are  provided  to  consider  questions,  of 
public  interest,  and  also  suits  and  controversies  between 
citizens.  The  Constitution  of  the  United  States  guaran- 
tees to  each  state  a  republican  form  of  government,  wdiich 
means  a  representative  government  administered  by  of- 
ficers chosen  directly  or  indirectly  by  the  people. 

I  have  already  pointed  out  that  under  the  national  Con- 
stitution the  people  vote  directly  for  only  one  class  of  of- 
ficers, namely,  Representatives  in  Congress,  though  in- 
directly for  Senators  and  for  the  President  and  Vice- 
President  ;  but  in  the  states  the  election  of  officers  by  the 
people  is  the  rule,  and  their  choice  in  any  other  way  is  the 
exception.     Thus   popular   government   prevails    in    the 


14  Fundamentals  of  American  Government. 

states ;  that  is,  a  government  in  which,  for  the  most  part, 
the  people  by  their  votes  select  the  officers  who  shall  ad- 
minister their  public  affairs. 

The  length  of  time  an  officer  may  serve  varies  among 
different  offices  and  among  the  states.  It  will  not  be 
practicable  here  to  point  out  these  differences,  but  it  may 
be  said  that,  as  a  general  rule,  terms  of  office  are  short, 
except  of  judicial  officers;  and  as  to  these  it  is  believed 
that  a  longer  term  ensures  greater  permanency  in  judicial 
administration. 

The  legislature  possesses  the  lawmaking  power,  which 
is  the  highest  power  in  the  state.  The  people  govern 
themselves  by  laws  made  by  their  own  chosen  represent- 
atives; and  in  a  popular  government  all  the  people  are 
presumed  to  consent  to  be  governed  in  this  manner.  The 
power  of  the  governor  to  veto  laws,  and  the  power  pos- 
sessed by  the  courts  to  declare  laws  unconstitutional,  are 
usually  a  sufficient  check  on  unwise  or  invalid  legislation. 
A  few  state  legislatures  meet  every  year,  but  most  of  them 
only  once  in  two  years. 

Municipal  Government. 

Government  in  a  state  is  not  all  administered  by  the 
state  itself,  but  in  some  states  a  considerable  part  of  the 
government  is  delegated  to  municipalities,  like  counties, 
cities,  towns,  villages,  school  districts,  and  other  divisions 
of  the  state.  In  many  states  these  local  subdivisions  have 
governments  which  are  themselves  almost  independent, — 
not  independent  of  the  state,  but  independent  as  against 
other  smaller  municipalities. 

Counties. 

In  many  states,  county  governments  are  important 
factors  in  public  affairs.  Counties,  however,  do  not  usu- 
ally have  the  powers  of  government  given  to  a  city. 


The  States.  15 

County  officers  are  of  a  different  class,  and  are  chosen  for 
a  different  purpose.  There  is  no  chief  executive  officer, 
Hke  a  mayor,  but  in  some  states  there  is  a  local  legislative 
body  which  makes  the  laws  for  the  county  on  certain 
specified  subjects.  In  some  states  the  county  has  its  own 
system  of  taxation,  education,  police,  highways,  and  char- 
ities. 

There  are  many  variations  of  county  government  in  the 
several  states,  and  the  reader  will  need  to  consult  the  stat- 
utes of  his  particular  state  for  regulations  concerning  the 
administration  of  county  affairs,  and  the  powers  and 
obligations  of  the  county  in  relation  to  the  state  govern- 
ment. 

Cities. 

Cities  have  charters  which  confer  on  them  powers  of 
government,  and  define  the  scope  and  limitations  of  the 
powers  which  may  be  exercised,  and  the  manner  of  exer- 
cising these  powers.  The  city  has  a  mayor,  who  is  its 
chief  executive  officer,  and  answers  to  the  governor  in 
state  affairs.  The  city  also  has  a  legislative  body,  and 
local  executive  and  judicial  officers.  It  has  the  power 
to  impose  taxes,  maintain  schools,  charities,  streets  and 
highways,  public  health,  police,  and  various  other  features 
of  public  affairs.  A  city,  acting  within  its  charter,  is  a 
smaller  state.  A  city  is,  nevertheless,  an  essential 
part  of  the  state;  for  its  people,  while  governing  them- 
selves in  relation  to  various  local  affairs,  are  members 
of  the  state,  take  part  in  elections  of  state  officers  and  in 
other  state  affairs,  and  occupy  the  same  relation  to  the 
state  as  persons  who  do  not  live  in  a  city. 

Towns. 

Speaking  generally,  the  most  common  form  of  local 
government  is  that  provided  for  in  towns.     Towns,  or 


i6  Fundamentals  of  American  Government, 

townships,  are  the  ordinary  subdivisions  of  the  state,  and 
for  the  most  part  may  be  deemed  the  unit  of  local  govern- 
ment. In  the  early  colonial  days  in  New  England,  the 
people  usually  expressed  their  will  on  public  affairs  at  the 
town  meeting.  Questions  of  local  administration  and 
the  election  of  officers  were  there  decided  by  the  inhabit- 
ants after  full  and  free  discussion  and  consideration.  The 
town  meeting  in  its  best  days  was  a  substantial  illustration 
of  a  democracy  in  local  government.  The  people  ruled 
by  a  majority  of  votes.  As  population  increased  and  the 
scope  of  public  business  became  enlarged,  many  questions 
were  withdrawn  from  the  consideration  of  the  body  of  in- 
habitants, and  committed  to  local  officers,  either  individu- 
ally or  as  members  of  town  boards.  The  result  is  that 
the  early  democratic  character  of  the  town  meeting  has 
been  seriously  modified, — especially  as  to  the  ordinary  de- 
tails of  local  government ;  but  many  matters  are  still  under 
the  control  of  the  inhabitants  of  the  town,  and  on  several 
subjects  expenditures  cannot  be  made  by  local  officers 
except  as  authorized  by  a  vote  of  the  people. 

Town  governments  vary  in  different  states,  but,  in 
general,  each  town  has  officers  who  administer  its  affairs, 
regulate  its  local  policies,  determine  the  amount  of  local 
taxation,  and  the  purposes  for  which  taxes  may  be  raised 
and  the  proceeds  expended,  including  schools,  police,  high- 
ways, charities,  public  health,  and  other  subjects.  Towns 
are  usually  subordinate  state  agencies,  created  primarily 
for  purposes  of  local  government;  and  the  state  confers 
on  them  certain  powers  of  local  legislation  and  adminis- 
tration. In  some  cases  they  are  practically  independent. 
except  as  against  the  state ;  in  others,  they  are  part  of  a 
county  system,  and  local  administration  is  worked  out  by 
means  of  the  county  government  and  as  a  part  of  it. 

Villages  are  usually  parts  of  towns,  with  a  special  local 
government,  sometimes  including  parts  of  two  or  more 


The  States.  17 

towns ;  but  the  township  government  extends  over  the  vil- 
lage, and  its  inhabitants  take  part  in  town  affairs  the  same 
as  if  the  village  did  not  exist.  Where  there  is  a  village 
government  within  a  town,  each  division  has  its  powers ; 
and  the  village  and  town  are  parts  of  a  county,  whose 
government  has  dominion  over  both. 

In  addition  to  these  complex  local  arrangements,  school 
districts  often  include  parts  of  two  or  more  towns,  and 
sometimes  parts  of  two  or  more  counties.  A  person  who 
wishes  to  take  an  intelligent  part  in  public  affairs,  and  to 
perform  the  highest  duties  of  a  citizen,  will  find  it  neces- 
sary to  become  acquainted  with  the  organization  of  these 
elements  of  municipal  government.  They  often  consti- 
tute wheels  within  wheels,  all  deriving  their  powers  from 
the  great  source  of  authority, — the  state. 

Villages. 

The  village  is  an  important  municipal  subdivision  of 
the  state.  Village  governments  and  city  governments  are 
quite  similar.  A  village  charter  can  easily  be  made  a 
city  charter,  often  by  simply  changing  the  names  of  cer- 
tain officers.  A  village,  like  a  city,  possesses  powers  of 
local  government,  varying  according  to  circumstances. 
Thus,  a  village  has  a  chief  executive  officer,  usually  called 
a  president.  It  also  has  local  administrative  officers,  and 
a  legislative  body  with  substantially  the  powers  conferred 
on  similar  bodies  in  cities.  Quite  often,  especially  in 
some  states,  there  is  very  little  difference  between  a  city 
government  and  a  village  government ;  the  larger  villages 
sometimes  have  a  greater  population  than  the  smaller 
cities,  and  their  interests  are  equally  as  important.  So  far 
as  administration  is  concerned,  the  difference  is  often 
more  in  name  than  in  fact. 


i8  Fundamentals  of  American  Government. 

School  Districts. 

For  purposes  of  education  the  state  is  usually  divided 
into  a  number  of  small  districts,  conveniently  arranged, 
with  a  school  or  schools  in  each,  maintained  at  public 
expense,  for  the  instruction  of  the  children  residing  in  the 
district.  These  school  districts  have  local  officers,  who 
in  most  cases  possess  certain  powers  of  government,  in- 
cluding the  power  to  employ  teachers,  raise  taxes  and 
maintain  the  school ;  and  the  people,  either  directly  or  act- 
ing through  boards  or  other  officers,  control  the  purpose 
and  amount  of  taxation  in  extraordinary  cases,  leaving 
to  the  local  officers  the  power  to  maintain  the  schools  in 
the  ordinary  way. 

Thus,  the  American  schools  are  public  institutions 
maintained  by  the  people  in  small  districts.  They  not 
only  receive  support  from  local  taxation,  but  are  also 
aided  by  the  state;  and,  in  some  parts  of  the  country, 
grants  of  public  land  have  been  made  for  educational 
purposes,  which  have  been  the  means  of  establishing  a 
fund  available  for  the  maintenance  of  public  schools,  and 
which  has  relieved  the  people  from  burdensome  taxation 
for  these  purposes. 

SUFFRAGE. 

The  right  to  vote  is  the  fundamental  element  in  popular 
government;  by  the  exercise  of  it  a  citizen  may  compel 
consideration  of  his  opinions ;  without  it,  he  cannot  ex- 
press his  views  in  the  most  effectual  manner.  The  "con- 
sent of  the  governed"  is  manifested  through  the  ballot 
box.  Members  of  society  who  can  vote,  and  those  only, 
possess  real  powers  of  government. 

Suffrage  is  not  universal.  The  people  who  organize 
popular  government  have,  or  at  least  exercise,  the  power 


Suffrage.  19 

to  determine  who  shall  vote;  and  they  have  sought  to 
confer  the  right  on  those  who  are  deemed  to  be  most 
competent  to  exercise  it  intelligently.  It  should  not  be 
forgotten  that  the  elective  franchise  is  not  a  right,  but  a 
privilege.  The  persons  in  control  of  a  government  at  its 
organization  determine  the  quality  of  the  elective  fran- 
chise, and  prescribe  the  persons  or  classes  of  persons  who 
may  use  it.  From  our  earliest  history,  the  right  of 
suffrage  has  been  limited. 

In  the  colonial  days,  when  the  right  to  choose  one 
branch  of  the  legislature  was  conferred  on  the  colonies, 
persons  who  might  vote  for  representatives  in  the  legis- 
lature were  particularly  described  and  their  qualifications 
fixed.  Usually  they  must  have  been  freeholders,  or  at 
least  tenants  of  real  property.  In  some  instances,  voters 
must  have  been  church  members;  but  little  by  little  the 
scope  of  the  right  of  suffrage  was  enlarged,  property 
qualifications  were  abrogated,  and  manhood  suffrage  was 
generally  established.  In  some  states  the  right  has  also 
been  conferred  on  women  for  all  purposes,  and  in  other 
states  the  right  has  been  conferred  on  women  as  to  cer- 
tain propositions  relating  to  taxation,  but  not  for  the 
election  of  officers.  In  some  states  an  alien  may  vote 
upon  making  a  declaration  of  his  intention  to  become  a 
citizen,  but  in  most  states  a  foreigner  cannot  vote  until 
he  has  been  naturalized  and  has  become  a  citizen  in  all 
respects. 

In  general,  the  elective  franchise  is  a  matter  of  state 
regulation.  The  constitutions  and  laws  of  the  various 
states  should  be  consulted  for  regulations  relating  to 
suffrage. 

In  this  connection  the  15th  Amendment  to  the  Federal 
Constitution  should  be  noted,  which  provides  that  "the 
right  of  citizens  of  the  United  States  to  vote  shall  not  be 
'denied  or  abridged  by  the  United  States  or  by  any  state. 


20  Fundamentals  of  American  Government. 

on  account  of  race,  color,  or  previous  condition  of  servi- 
tude."    (See  post,  170.) 

For  the  duty  to  exercise  the  right  of  suffrage,  see  post, 

34. 

CITIZENSHIP. 

It  is  presumed  that  a  person  who  leaves  his  home  in  an- 
other country,  and  comes  to  the  United  States  with  a  view 
of  permanently  residing  here,  not  only  hopes  to  improve 
his  condition  and  prospects,  but  intends  to  become  a  citi- 
zen and  assume  and  perform  all  the  duties  of  citizenship 
which  are  imposed  by  the  laws  of  the  country.  The 
process  of  becoming  a  citizen  is  called  naturalization. 
This  process  is  given  in  detail  in  the  naturalization  law 
of  1906,  which  appears  in  another  part  of  this  book. 
(See  post,  177.)  It  need  only  be  said  here  that  at  the 
time  of  his  admission  to  citizenship  a  person  must  have 
been  a  resident  of  the  United  States  continuously  for  five 
years,  and  for  one  year  a  resident  of  the  state,  territory, 
or  district  where  the  application  is  made.  He  must  also 
show  by  the  affidavits  of  two  witnesses  that  he  is  a  per- 
son of  good  moral  character,  and  that  "he  is  in  every  way 
qualified,  in  their  opinion,  to  be  admitted  as  a  citizen  of 
the  United  States." 

Before  the  national  Constitution  was  adopted,  each 
state  had  the  power  to  regulate  naturalization ;  and  the 
state  laws  of  those  earlier  years  show  frequent  instances 
of  the  admission  of  foreigners  to  citizenship,  usually  by 
name,  and  on  compliance  with  certain  requirements  speci- 
fied in  the  statute,  among  which  was  an  oath  of  allegiance 
to  the  state.  The  person  thus  admitted  to  citizenship  be- 
came a  member  of  the  state,  was  subject  to  its  laws,  and 
owed  to  it  his  allegiance.     It  was  provided  by  the  Articles 


Citizenship.  21 

of  Confederation  that  tlie  "free  inhabitants"  of  each  state, 
paupers,  vagabonds,  and  fugitives  from  justice  excepted, 
should  be  entitled  to  "all  the  privileges  and  immunities  of 
free  citizens  in  the  several  states,"  with  the  right  of  "in- 
gress and  regress,"  and  the  privilege  of  trade  and  com- 
merce. This  gave  state  citizenship  a  national  character 
for  general  purposes,  but  there  was  no  national  citizen- 
ship. 

All  the  citizens  of  all  the  states  were  deemed  to  have 
taken  part  in  making  the  national  Constitution,  and  the 
preamble  to  that  instrument  recites  that  "we,  the  people 
of  the  United  States,"  for  the  purposes  specified,  "do 
ordain  and  establish  this  Constitution  for  the  United 
States  of  America."  The  original  Constitution  did  not 
define  the  term  "citizen,"  but  the  14th  Amendment,  adopt- 
ed in  1868,  declares  that  "all  persons  born  or  naturalized 
in  the  United  States,  and  subject  to  the  jurisdiction  there- 
of, are  citizens  of  the  United  States  and  of  the  state 
wherein  they  reside."  This  includes  the  two  classes  of 
citizens  recognized  in  every  nation,  namely,  citizens  by 
birth  and  citizens  by  naturalization,  and  also  recognized 
national  citizenship  and  state  citizenship. 

The  Constitution  gives  to  Congress  the  exclusive  power 
to  enact  naturalization  laws.  Acting  on  this  authority, 
the  Congress,  early  in  our  history,  passed  laws  regulating 
the  admission  of  foreigners  to  citizenship  by  the  process 
of  naturalization  ;  and  these  laws  have,  with  modifications, 
continued  in  force  to  the  present  time. 

The  latest  naturalization  act  was  passed  on  the  29th 
of  June,  1906,  and  with  a  few  exceptions  took  effect  at 
the  expiration  of  ninety  days  after  its  passage.  It  may 
be  found  in  full  in  another  part  of  this  book.  ( See  post, 
177.)  It  seeks  to  persuade  foreigners  to  take  a  more 
intelligent  interest  in  the  subject  of  citizenship  by  impos- 
ing two  new  requirements ;  namely,  that  an  applicant  must 


22  Fundamentals  of  American  Government. 

be  able  to  speak  the  English  language,  and  that  he  must 
write  his  own  name  in  making  his  declaration  of  intention 
to  become  a  citizen,  and  in  his  petition  for  citizenship. 

Anarchists  Excluded. 

The  American  people  believe  in  the  preservation  of  law 
and  order  in  society  by  means  of  organized  government 
sustained  by  the  loyalty  and  intelligence  of  all  good  citi- 
zens. Those  who  oppose  this  principle  are  not  welcome 
to  the  country,  nor  to  citizenship. 

The  latest  immigation  law,  which  was  passed  February 
20,  1907,  taking  effect  July  i,  1907,  excludes  from  ad- 
mission into  the  United  States  "anarchists,  or  persons 
who  believe  in  or  advocate  the  overthrow,  by  force  or 
violence,  of  the  government  of  the  United  States,  or  of 
all  government,  or  of  all  forms  of  law,  or  the  assassin- 
ation of  public  officials ;"  and  the  same  act  provides  that 
"no  person  who  disbelieves  in  or  who  is  opposed  to  all 
organized  government,  or  who  is  a  member  of  or  affili- 
ated with  any  organization  entertaining  and  teaching 
such  disbelief  in  or  opposition  to  all  organized  govern- 
ment, or  who  advocates  or  teaches  the  duty,  necessity,  or 
propriety  of  the  unlawful  assaulting  or  killing  of  any  of- 
ficer or  officers,  either  of  specific  individuals  or  of  officers 
generally,  of  the  government  of  the  United  States,  or  of 
any  other  organized  government,  because  of  his  or  their 
official  character,  shall  be  permitted  to  enter  the  United 
States  or  any  territory  or  place  subject  to  the  jurisdiction 
thereof." 

By  the  naturalization  law  of  1906  no  such  person  can 
be  naturalized  or  admitted  to  citizenship,  and  by  the  same 
law  an  applicant  for  citizenship  must  state  in  his  declara- 
tion of  intention  to  become  a  citizen,  and  in  his  petition 
for  citizenship,  that  he  is  not  an  anarchist  and  is  not  a 
disbeliever  in  organized  government. 


Citizenship.  23 

Expatriation. 

The  American  people  believe  that  any  person  anywhere 
in  the  world  has  the  right  to  change  his  residence,  and 
remove  to  another  country,  and  become  a  citizen  thereof. 
The  national  Congress  has  declared  this  principle,  and  it 
is  set  forth  in  the  following  terms  in  section  1999  of  the 
Revised  Statutes  of  the  United  States  (U.  S.  Comp.  Stat. 
1901,  p.  1269)  : 

"Whereas,  the  right  of  expatriation  is  a  natural  and 
inherent  right  of  all  people,  indispensable  to  the  enjoy- 
ment of  the  rights  of  life,  liberty,  and  the  pursuit  of  happi- 
ness ;  and  whereas  in  the  recognition  of  this  principle  this 
government  has  freely  received  emigrants  from  all  na- 
tions, and  invested  them  with  the  rights  of  citizenship; 
and  whereas  it  is  claimed  that  such  American  citizens, 
with  their  descendants,  are  subjects  of  foreign  states, 
owing  allegiance  to  the  governments  thereof ;  and  where- 
as it  is  necessary  to  the  maintenance  of  public  peace  that 
this  claim  of  foreign  allegiance  should  be  promptly  and 
finally  disavowed;  therefore  any  declaration,  instruction, 
opinion,  order,  or  decision  of  any  officer  of  the  United 
States  which  denies,  restricts,  impairs,  or  questions  the 
right  of  expatriation  is  declared  inconsistent  with  the 
fundamental  principles  of  the  Republic." 

Having  admitted  a  foreigner  to  citizenship,  the  nation 
is  logically  bound  to  protect  him  in  the  same  manner  and 
to  the  same  extent  as  if  he  were  a  native  citizen.  This 
policy  is  expressed  in  the  next  section  of  the  Revised 
Statutes  (2000),  which  provides  that  "all  naturalized 
citizens  of  the  United  States,  while  in  foreign  countries, 
are  entitled  to  and  shall  receive  from  this  government 
the  same  protection  of  persons  and  property  which  is  ac- 
corded to  native-born  citizens." 

But  the  naturalized  citizen  is  under  some  obligations  to 
the  nation  whose  society  he  has  sought  and  whose  protec- 


24  F undamcntals  of  American  Government. 

tion  he  has  received.  He  is  not  entitled  perpetually  to 
absent  himself  from  the  country,  and  thereby  enjoy  the 
benefits  and  protection  of  American  citizenship  while 
neglecting  to  perform  its  duties.  The  act  of  Congress 
passed  on  the  2d  of  March,  1907,  relating  to  expatriation, 
provides  that  an  "American  citizen  shall  be  deemed  to 
have  expatriated  himself  when  he  has  been  naturalized  in 
any  foreign  state  in  conformity  with  its  laws,  or  when  he 
has  taken  an  oath  of  allegiance  to  any  foreign  state;"  and 
also  that  "when  a  naturalized  citizen  shall  have  resided  for 
two  years  in  the  foreign  state  from  which  he  came,  or  for 
five  years  in  any  other  foreign  state,  it  shall  be  presumed 
that  he  has  ceased  to  be  an  American  citizen,  and  the  place 
of  his  general  abode  shall  be  deemed  his  place  of  residence 
during  said  years ;  provided,  however,  that  such  presump- 
tion may  be  overcome  on  the  presentation  of  satisfactory 
evidence  to  a  diplomatic  or  consular  officer  of  the  United 
States,  under  such  rules  and  regulations  as  the  Depart- 
ment of  State  may  prescribe ;  and  provided,  also,  that  no 
American  citizen  shall  be  allow^ed  to  expatriate  himself 
when  this  country  is  at  war." 

For  the  full  text  of  the  expatriation  law,  see  post,  210. 

Our  Island  Possessions — The  Hawaiian  Islands. 

The  Hawaiian  Islands  were  annexed  to  the  United 
States  under  a  joint  resolution  of  Congress  adopted  on 
the  7th  of  July,  1898,  accepting  the  proposed  transfer 
and  cession  of  the  islands  by  the  government  of  the  Re- 
public of  Hawaii.  The  islands  thereupon  became  a  part 
of  the  territory  of  the  United  States.  By  an  act  approved 
April  30,  1900  (31  Stat,  at  L.  141,  chap.  339),  Congress 
provided  a  form  of  government  for  the  islands.  The  act 
contains,  with  many  other  things,  the  provision  that  "all 
persons  who  were  citizens  of  the  Republic  of  Hawaii  on 


Citizenship.  25 

August  12,  1898,  are  hereby  declared  to  be  citizens  of  the 
United  States  and  citizens  of  the  territory  of  Hawaii. 
And  all  citizens  of  the  United  States  resident  in  the 
Hawaiian  Islands,  who  were  resident  there  on  or  since 
August  12,  1898,  and  all  the  citizens  of  the  United  States 
who  shall  hereafter  reside  in  the  territory  of  Hawaii  for 
one  year,  shall  be  citizens  of  the  territory  of  Hawaii." 

Legal  proceedings  were  required  to  be  in  the  English 
language.  Voters  must  be  male  citizens  of  the  United 
States,  residents  of  the  territory  one  year,  twenty-one 
years  of  age,  and  able  to  "speak,  read,  and  write  the  Eng- 
lish or  Hawaiian  language." 

It  will  be  seen  that  persons  who  were  citizens  of  the 
Republic  of  Hawaii  on  the  date  named  in  the  act,  August 
12,  1898,  became  citizens  of  the  United  States  by  virtue 
of  the  act,  and  did  not  need  a  formal  naturalization.  A 
similar  result  followed  from  the  annexation  of  the  Re- 
public of  Texas,  in  1845.  By  the  Constitution  of  Texas 
adopted  under  the  authority  of  a  resolution  of  Congress 
annexing  the  Republic,  and  which  Constitution  was  rati- 
fied by  Congress  in  December,  1845,  every  free  male  per- 
son who  had  attained  the  age  of  twenty-one  years,  and 
who  was  a  citizen  of  the  United  States,  or  who  was,,  at 
the  time  of  the  adoption  of  the  state  Constitution  by  the 
Congress  of  the  United  States,  a  citizen  of  the  Republic 
of  Texas,  or  who  had  then  resided  in  the  state  six  months, 
was  declared  to  be  a  qualified  voter.  Here  citizens  of  the 
Republic  were  placed  on  the  same  footing  as  citizens  of 
the  United  States. 

— Porto  Rico. 

Porto  Rico  was  annexed  to  the  United  States  by  a 
treaty  with  Spain  concluded  December  10,  1898.  A 
scheme  of  government  for  the  island   was  enacted  by 


26  Fundamentals  of  American  Government. 

Congress  on  the  12th  of  April,  1900,  The  act  declaied 
that  all  inhabitants  continuing  to  reside  in  Porto  Rico, 
who  were  Spanish  subjects  on  the  nth  day  of  April, 
1899,  and  then  resided  in  Porto  Rico,  and  their  children 
born  subsequent  thereto,  shall  be  deemed  and  held  to  be 
citizens  of  Porto  Rico,  and  as  such  entitled  to  the  pro- 
tection of  the  United  States.  But  they  were  not  de- 
clared to  be  citizens  of  the  United  States. 

— Philippine  Islands. 

The  Philippine  Islands  were  ceded  by  Spain  to  the 
United  States  by  the  same  treaty.  An  act  for  the  gov- 
ernment of  the  islands,  passed  July  i,  1902,  substan- 
tially repeated  the  provisions  contained  in  the  Porto  Rico 
act  as  to  citizens. 

Citizens  of  Porto  Rico  and  of  the  Philippine  Islands, 
and  residents  of  other  outside  possessions,  may  become 
citizens  of  the  United  States  by  the  naturalization  law  of 
1906  (34  Stat,  at  L.  606,  chap.  3592),  which  provides 

(§30)  •  .  .  . 

"All  the  applicable  provisions  of  the  naturalization 
laws  of  the  United  States  shall  apply  to  and  be  held  to 
authorize  the  admission  to  citizenship  of  all  persons  not 
citizens  who  owe  permanent  allegiance  to  the  United 
States,  or  who  may  become  residents  of  any  state  or  or- 
ganized territory  of  the  United  States,  with  the  following 
modifications :  The  applicant  shall  not  be  required  to 
renounce  allegiance  to  any  foreign  sovereignty;  he  shall 
make  his  declaration  of  intention  to  become  a  citizen  of 
the  United  States  at  least  two  years  prior  to  his  admis- 
sion; and  residence  within  the  jurisdiction  of  the  United 
States,  owing  such  permanent  allegiance,  shall  be  re- 
garded as  residence  within  the  United  States  within  the 
meaning  of  the  five  years'  residence  clause  of  the  exist- 
ing law." 


Citizenship.  27 

It  may  be  noted  that  the  treaty  of  peace  between  the 
United  States  and  Spain  concluded  December  10,  1898,  by 
which  Porto  Rico  and  the  Philhpine  Islands  were  ceded  to 
the  United  States,  contained  a  provision  allowing  Spanish 
subjects  to  elect  to  preserve  their  allegiance  to  Spain; 
but  the  treaty  provided  that  "the  civil  rights  and  poHt- 
ical  status  of  the  native  inhabitants  of  the  territories 
hereby  ceded  to  the  United  States  shall  be  determined 
by  the  Congress."  30  Stat,  at  L.  1759.  The  foregoing 
statutes,  providing  for  the  government  of  the  islands, 
contain  the  declaration  of  Congress  on  this  subject. 


RIGHTS  PROTECTED  BY  CONSTITUTIONS. 
Privileges  and  Immunities  of  Citizens. 

The  Articles  of  Confederation,  under  which  the  Fed- 
eral government  was  carried  on  during  the  Revolutionary 
War  and  until  the  adoption  of  the  National  Constitution, 
provided  that  the  "free  inhabitants  of  each  of  these  states, 
paupers,  vagabonds,  and  fugitives  from  justice  excepted, 
shall  be  entitled  to  all  the  privileges  and  immunities  of 
free  citizens  in  the  several  states."  This  provision  was 
continued  in  the  Constitution  which  (article  4,  section  2, 
clause  i)  declares  that  "the  citizens  of  each  state  shall 
be  entitled  to  all  privileges  and  immunities  of  citizens  in 
the  several  states."  Then  came  the  14th  Amendment, 
1868,  defining  the  term  "citizen,"  and  which  sought  to 
protect  his  rights  from  state  interference  by  the  pro- 
vision that  "no  state  shall  make  or  enforce  any  law 
Avhich  shall  abridge  the  privileges  or  immunities  of  citi- 
zens of  the  United  States." 

Thus,  three  times  in  our  history  the  privileges  and  im- 
munities of  citizens  have  been  made  a  subject  of  consti- 


28  Fundamentals  of  American  Government. 

tutional  enactment.  As  construed  by  high  judicial  au- 
thority, the  provision  means  only  that  citizens  of  other 
states  shall  have  equal  rights  with  the  citizens  of  the 
state  in  v^^hich  the  right  is  claimed,  and  not  that  they  shall 
have  different  or  greater  rights.  Their  persons  and  prop- 
erty must  in  all  respects  be  equally  subject  to  the  law  of 
the  latter  state;  they  must  put  themselves  on  the  same 
footing  as  citizens  of  that  state,  and  then  they  are  en- 
titled to  like  immunities.  The  Constitution  does  not 
guarantee  them  any  greater  privileges. 

A  citizen  does  not  carry  with  him  the  peculiar  privi- 
leges and  immunities  he  may  enjoy  in  the  state  from 
which  he  goes,  but  in  the  state  of  his  new  residence  he 
is  entitled  to  all  the  privileges  and  immunities  enjoyed  by 
citizens  of  that  state.  The  reader  will  need  to  consult 
the  Constitutions  and  laws  of  the  several  states  for  the 
privileges  and  immunities  accorded  to  citizens  thereof. 

The  14th  Amendment  was  primarily  intended  to  pro- 
tect the  privileges  and  immimities  secured  to  citizens  of 
the  United  States,  and  especially  to  protect  persons  of 
African  descent  who  had  become  citizens  by  operation 
of  this  amendment. 

The  rights,  privileges,  and  immunities  which  citizens 
are  entitled  to  enjoy  under  the  national  Constitution  do 
not  all  belong  to  the  same  class.  Many  of  them  are  gen- 
eral in  their  nature,  and  affect  the  people  only  in  their 
collective  capacity,  as  members  of  the  nation  or  of  a 
particular  state.  Some  of  them  are  political  in  the  high- 
est sense,  as  affecting  the  organization,  powers,  and  du- 
ties of  government;  while  others  are  chiefly  social  in 
their  nature.  Many  of  them  are  of  a  public  character, 
and  the  individual  citizen  does  not  feel  any  special  in- 
terest in  them  unless  under  peculiar  circumstances,  not 
often  arising,  he  is  more  particularly  affected  than  his 
neighbors.     Thus,  every  citizen  has  a  right  to  know  that 


Rights  Protected  by  Constitutions.  29 

only  proper  laws  are  enacted  by  Congress,  that  they  are 
properly  executed  by  the  President  and  other  executive 
officers,  and  that  they  are  properly  interpreted  by  the 
courts.  This  situation  touches  every  citizen  so  far  as 
he  is  affected  by  national  affairs.  So,  every  citizen  has 
an  interest,  usually  quite  general,  but  sometimes  special, 
in  the  exercise  of  powers  conferred  on  different  branches 
of  government. 

The  following  may  be  included  among  the  subjects 
in  which  citizens  have  a  general  interest:  Administra- 
tion of  justice,  ambassadors,  appointment  and  removal 
of  officers,  appropriations  and  expenditures  of  public 
funds,  bankruptcy,  census,  commerce,  copyrights,  cruel 
and  unusual  punishments.  District  of  Columbia,  due  proc- 
ess of  law,  equal  protection  of  the  laws,  excessive  bail, 
excessive  fines,  executive  power,  fugitives  from  justice, 
guaranty  of  republican  form  of  government  in  each 
state,  House  of  Representatives,  impeachments,  indict- 
ments in  criminal  cases,  judiciary,  keeping  and  bearing 
arms,  legislative  power  of  Congress,  militia  and  regula- 
tions concerning  military  and  naval  operations,  money, 
including  coinage  and  currency,  naturalization,  new 
states,  patents,  Postoffice,  President,  presidential  electors, 
public  lands,  reservation  of  powers  not  delegated  to  the 
United  States  nor  prohibited  to  the  state,  reservation  of 
rights  not  expressly  enumerated  in  the  Constitution,  rev- 
enue, right  of  assembly,  right  to  hold  office,  right  of  pe- 
tition, right  to  vote,  search  warrants.  Senate,  slavery 
and  involuntary  servitude,  standard  of  weights  and  meas- 
ures, states  not  to  exercise  certain  powers,  states,  pub- 
lic acts,  records,  and  judicial  proceedings  of  each  state 
to  receive  full  faith  and  credit  in  every  other  state,  tariff, 
taxation,  territories,  titles  of  nobility,  treaties,  unreason- 
able searches  and  seizures,  validity  of  the  public  debt, 
and  Vice-President. 


30  Fundamentals  of  American  Government. 

The  Constitution  guarantees  to  the  citizen  certain  per- 
sonal rights,  privileges,  and  immunities,  and  protects  him 
from  the  infringement  of  them  either  by  the  national 
government  or  by  the  state  government.  Some  of  these 
are  also  general,  but  questions  relating  to  them  usually 
arise  in  individual  cases,  where  some  particular  citizen 
claims  that  his  personal  rights  are  injuriously  affected. 
Among  these  personal  matters  may  be  included : — 

Bill  of  Attainder. 

This  has  been  defined  as  "a  legislative  act  which  in- 
flicts punishment  without  a  judicial  trial."  Bills  of  at- 
tainder are  prohibited  by  the  Constitution,  thus  securing 
to  the  citizen  the  right  to  a  trial  in  a  proper  court  before 
he  can  be  condemned  and  punished,  or  his  property  taken. 

Compensation  for  Private  Property  Taken  for  Public 

Use. 

Even  the  government  cannot  take  the  private  prop- 
erty of  the  individual  for  public  use  without  making  him 
compensation  therefor.  This  right  of  property  is  pro- 
tected by  the  5th  Amendment,  and  also  by  state  Consti- 
tutions which  provide  that  private  property  shall  not  be 
taken  for  public  use  without  just  compensation. 

Elective  Franchise. 

This  is  secured  by  the  provision  that  members  of  the 
House  of  Representatives  shall  be  chosen  by  electors  who 
"shall  have  the  qualifications  requisite  for  electors  of  the 
most  numerous  branch  of  the  state  legislature,"  from 
which  it  follows  that  persons  entitled  to  vote  for  members 
of  the  most  numerous  branch  of  the  legislature  are  en- 
titled to  vote  for  Representatives  in  Congress.  So,  where 
presidential  electors  are  chosen  by  the  people,  every  citi- 


Rights  Protected  by  Constitutions.  31 

zen  qualified  to  vote  by  the  laws  of  the  state  in  which 
he  resides  may  vote  for  Presidential  elector.  The  right 
to  vote  is  protected  by  the  15th  Amendment,  which  pro- 
vides that  "the  right  of  the  citizens  of  the  United  States  to 
vote  shall  not  be  denied  or  abridged  by  the  United  States 
or  by  any  state  on  account  of  race,  color,  or  previous  con- 
dition of  servitude." 


Ex  Post  Facto  Law. 

"An  ex  post  facto  law  is  one  which  imposes  a  punish- 
ment for  an  act  which  was  not  punishable  at  the  time  it 
was  committed ;  or  imposes  additional  punishment  to  that 
then  prescribed ;  or  changes  the  rules  of  evidence,  by 
which  less  or  different  testimony  is  sufficient  to  convict 
than  was  then  required."  Every  citizen  has  a  right  to 
be  protected  against  an  ex  post  facto  law. 


Freedom  of  Speech  and  of  the  Press. 

This  right  is  protected  by  the  ist  Amendment,  which 
prohibits  Congress  from  making  any  law  "abridging 
the  freedom  of  speech  or  of  the  press."  State  Constitur 
tions  contain  similar  provisions. 


Habeas  Corpus. 

The  writ  of  habeas  corpus,  issued  by  a  court  to  in- 
quire into  the  cause  of  detention  of  a  person  who  claims 
that  he  is  unlawfully  in  prison,  is  one  of  the  great  writs 
— some  think  it  the  greatest  writ — devised  to  secure  and 
preserve  the  personal  liberty  of  the  citizen.  The  Con- 
stitution prohibits  the  suspension  of  the  writ  except  when, 
"in  cases  of  rebellion  or  invasion,  the  public  safety  may 
require  it." 


32  Fundamentals  of  American  Government, 

Impairing  the  Obligation  of  a  Contract. 

Every  citizen  has  a  right  to  assume  that  when  he  makes 
a  contract  with  another  citizen,  with  a  municipahty,  or 
with  a  state,  the  contract,  if  not  unlawful,  shall  continue 
in  force  according  to  its  terms,  undisturbed  by  any  power 
whatever  except  the  parties  to  the  contract.  The  sacred- 
ness  of  a  contract  has  been  recognized  by  the  national 
Constitution,  which  provides  that  no  state  shall  pass  any 
law  "impairing  the  obligation  of  contracts."  The  courts 
have  had  frequent  occasion  to  enforce  this  prohibition. 

Quartering  Troops. 

The  3d  Amendment  provides  that  "no  soldier  shall  in 
time  of  peace  be  quartered  in  any  house  without  the  con- 
sent of  the  owner,  nor  in  time  of  war,  but  in  a  manner 
to  be  prescribed  by  law." 

Religious  Freedom. 

This  is  guaranteed  by  the  ist  Amendment,  which  pro- 
vides that  "Congress  shall  make  no  law  respecting  an 
establishment  of  religion,  or  prohibiting  the  free  exer- 
cise thereof."  The  Constitutions  of  the  states  contain 
similar  provisions  intended  to  secure  to  the  citizen  entire 
freedom  of  conscience,  and  to  guarantee  to  him  the  free 
exercise  of  religious  profession  and  worship,  without 
discrimination  or  preference;  but  this  freedom  does  not 
justify  acts  of  licentiousness  or  practices  inconsistent 
with  the  peace  and  safety  of  the  State. 

Rights  of  Accused. 

The  personal  liberty  of  the  citizen  is  further  guarded 
by  the  6th  Amendment,  which  provides  that  "in  all  crim- 
inal prosecutions  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial  by  an  impartial  jury  of  the  state 


Rights  Protected  by  Constitutions.  33 

and  district  wherein  the  crime  shall  have  been  committed, 
which  district  shall  have  been  previously  ascertained  by 
law ;  and  to  be  informed  of  the  nature  and  cause  of  the 
accusation;  to  be  confronted  with  the  witnesses  against 
him ;  to  have  compulsory  process  for  obtaining  witnesses 
in  his  favor;  and  to  have  the  assistance  of  counsel  for 
his  defense."  The  same  rights  are  guaranteed  by  state 
Constitutions  and  Bills  of  Rights. 

Trial  by  Jury. 

This  right  is  secured  to  the  citizen  by  the  original 
national  Constitution  and  by  the  7th  Amendment,  and 
also  by  the  Constitutions  and  laws  of  the  states. 

Twice  in  Jeopardy. 

This  is  a  most  important  element  of  personal  liberty, 
and  is  expressed  in  the  provision  in  the  5th  Amendment 
that  no  person  shall  be  subject  for  the  same  offense  to 
be  twice  put  in  jeopardy  of  life  or  limb.  States  seek  to 
guard  the  liberty  of  the  individual  by  the  same  prohibi- 
tion. The  rule  is  based  on  the  principle  that  if  a  per- 
son has  been  tried  for  an  alleged  offense,  and  acquitted, 
he  should  not  be  subjected  to  another  accusation  for  the 
same  offense ;  also,  if  he  has  been  convicted  he  should  not 
be  tried  again  unless  a  new  trial  is  granted  according  to 
law. 

Witness  against  Himself. 

No  citizen  can  be  compelled  to  convict  himself  of  an 
offense;  the  burden  of  proving  him  guilty  must  always 
rest  on  the  government  which  makes  the  accusation.  This 
principle  is  declared  in  the  5th  Amendment,  and  also  in 
the  state  Constitutions  and  Bills  of  Rights,  in  the  provi- 
sion that  no  person  "shall  be  compelled  in  any  criminal 
case  to  be  a  witness  against  himself." 


34  Fundamentals  of  American  Government. 

DUTIES  OF  CITIZENS. 

The  relations  of  the  citizen  to  the  state  and  nation  are 
not  all  on  one  side.  The  Constitutions  and  laws  guar- 
antee to  the  citizen  numerous  rights,  privileges,  and  im- 
munities which  are  necessary  for  his  protection  and  to 
insure  his  personal  liberty.  He  has  privileges  as  a  mem- 
ber of  the  nation,  other  privileges  as  a  member  of  the 
state,  and  still  other  privileges  as  a  member  of  the  com- 
munity where  he  lives.  These  are  all  secured  to  him, 
either  by  the  national  or  the  state  Constitutions,  or  by 
local  laws.  He  also  enjoys  numerous  defined  immunities 
which  protect  him  from  the  exercise  of  unrestrained  au- 
thority by  those  who  may  from  time  to  time  be  chosen 
to  represent  the  people  in  official  positions.  These  im- 
munities have  been  of  slow  growth,  and  have  come  to 
their  present  condition  after  many  centuries  of  struggle 
against  arbitrary  power.  These  privileges  and  immu- 
nities, taken  together,  afford  every  citizen  ample  opportu- 
nity for  the  exercise  of  his  individual  aspirations,  and  are 
a  tangible  expression  of  his  right  to  "life,  liberty,  and  the 
pursuit  of  happiness,"  as  proclaimed  in  the  Declaration  of 
Independence. 

The  citizen  who  enjoys  all  these  privileges  and  im- 
munities also  owes  corresponding  duties  to  the  nation, 
the  state,  the  county,  the  town,  the  city,  the  village,  or 
the  school  district  of  which  he  is  a  resident  and  where 
he  exercises  the  ordinary  functions  of  a  citizen.  His 
duties  differ  in  degree  according  to  circumstances,  but 
in  general  they  may  be  embraced  under  the  following 
heads : 

Voting. 

The  citizen  who  has  the  right  to  vote  is  a  member  of 
the  governing  body  of  the  state  and  nation,  differing  in 


Duties  of  Citizens.  35 

this  respect  from  those  citizens  who  cannot  vote,  but 
who  enjoy  the  same  privileges  and  immunities.  Voters 
constitute  a  separate  body  in  the  community,  and  at  dif- 
ferent periods  have  been  divided  into  several  classes.  The 
classes  now  most  generally  recognized  are :  First,  those 
voters  who  possess  the  general  right  to  vote  in  the  elec- 
tion of  all  officers  and  upon  any  questions  which  may 
be  submitted  to  the  people ;  second,  those  who,  possessing 
the  general  right  to  vote,  cannot  vote  on  particular  ques- 
tions, especially  those  involving  taxation,  unless  they  are 
also  taxpayers;  and  in  this  class  of  taxpaying  voters  are 
also  placed,  in  some  states,  women,  who  may  not  be  qual- 
ified to  vote  for  officers,  but  who  may  as  taxpayers  vote 
on  questions  involving  taxation.  This  limited  right  to 
vote  on  tax  questions  is  based  on  the  idea  that  those  who 
may  be  required  to  pay  the  taxes  ought  to  be  permitted  to 
decide  questions  which  may  result  in  taxation,  and  it 
therefore  often  happens  that  the  number  of  actual  voters 
on  a  tax  question  is  quite  small  as  compared  with  the 
whole  number  of  citizens  who  may  vote  for  officers. 

The  privilege  of  voting  is  a  trust  conferred  on  a  limited 
number  of  citizens,  varying  in  different  states  and  in 
different  communities  according  to  specified  qualifica- 
tions ;  but  whatever  the  qualifications,  the  citizens  who 
possess  this  privilege  are  especially  charged  with  the  duty 
of  carrying  on  the  government  by  the  election  of  officers 
and  the  establishment  of  policies  deemed  most  conducive 
to  the  general  welfare.  About  one  fourth  of  the  citizens 
possess  the  general  right  of  suffrage;  therefore  those 
composing  this  one  fourth  must  not  only  provide  a  gov- 
ernment for  themselves,  but  they  are  also  responsible  for 
the  government  which  may  be  provided  for  the  other 
three  fourths  who  cannot  vote,  and  are  bound  to  furnish 
for  them  such  laws  and  methods  of  administration  as 
may  be  best  calculated  to  promote  their  interests  and  con- 
duce to  the  well-being  of  society. 


36  Fundamentals  of  American  Government. 

The  trust  conferred  upon  a  voter  is  similar  to  that  con- 
ferred upon  an  officer,  differing  in  the  number  who  may 
be  responsible  for  its  execution,  and  sometimes  in  the 
manner  of  executing  it.  Thus,  in  some  municipalities 
some  expenditures  involving  taxation  may  be  authorized 
by  the  local  governing  body,  such  as  the  common  council, 
board  of  aldermen,  board  of  trustees,  or  by  other  officers ; 
while  on  other  questions  expenditures  can  only  be  au- 
thorized by  the  taxpaying  voters.  The  character  of  the 
trust  is  practically  the  same  in  both  cases ;  for  whether  the 
power  is  vested  in  the  governing  board  or  in  the  body 
of  taxpayers,  each  in  its  way  becomes  responsible  for 
the  proper  administration  of  the  matter  submitted  to  it. 
It  is  the  duty  of  every  citizen  to  try  to  execute  the  trust 
with  which  he  may  be  charged;  manifestly,  therefore, 
it  is  the  duty  of  every  citizen  to  vote,  and  in  this  manner 
assist  in  the  election  of  proper  officers  to  represent  him 
in  the  administration  of  public  affairs,  or  aid  in  deter- 
mining questions  of  taxation,  or  other  questions  of  ad- 
ministration which  are  sometimes  submitted  to  the  whole 
body  of  voters. 

Several  attempts  have  been  made  to  exclude  from  the 
right  of  suffrage  persons  who  habitually,  or  for  a  speci- 
fied time,  refuse  to  vote.  It  is  urged  that  they  ought 
not  to  possess  the  privilege  of  voting  if  they  are  unwilling 
to  use  it.  This  movement  shows  how  some  persons  re- 
gard the  continued  neglect  to  exercise  the  right  to  vote. 
It  is  claimed  that  no  person  who  has  the  right  to  vote 
should  be  indift'erent  to  his  duty  and  his  opportunity. 
The  duty  of  voting  is  one  of  the  imperative  duties  resting 
upon  every  citizen  who  appreciates  the  position  he  oc- 
cupies under  a  republican  form  of  government. 

Military  Service. 

Every  able-bodied  man  is  a  possible  soldier.     This  na- 


Duties  of  Citizens.  37 

tioii  has  adopted  the  general  pohcy  of  requiring  every 
able-bodied  citizen  of  military  age  to  be  ready  on  de- 
mand to  become  a  member  of  a  military  organization  in 
actual  service,  and  thus  discharge,  in  that  special  man- 
ner, the  obligation  which  every  person  owes  to  aid  in 
preserving  the  government  under  which  he  lives.  In 
many  highly  developed  nations  he  has  been  required  to 
receive  some  degree  of  military  instruction  to  qualify 
him  for  possible  national  exigencies. 

The  national  Constitution  authorizes  Congress  to  pro- 
vide for  calling  forth  the  militia  "to  execute  the  laws  of 
the  Union,  suppress  insurrections,  and  repel  invasions ;" 
"to  provide  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  United  States,  reserving 
to  the  states,  respectively,  the  appointment  of  the  officers, 
and  the  authority  of  training  the  militia,  according  to  the 
discipline  prescribed  by  Congress." 

Congress  has  passed  several  laws  at  different  times 
for  the  organization,  equipment,  and  discipline  of  the 
militia.  The  latest  statute  on  this  subject  was  passed 
January  21,  1903  (32  Stat,  at  L.  775,  chap.  196,  U.  S. 
Comp.  Stat.  Supp.  1905,  p.  222).  By  the  terms  of  this 
act  "the  militia  shall  consist  of  every  able-bodied  male 
citizen  of  the  respective  states,  territories,  and  the  Dis- 
trict of  Columbia,  and  every  able-bodied  male  of  foreign 
birth  who  has  declared  his  intention  to  become  a  citizen, 
who  is  more  than  eighteen  and  less  than  forty-five  years 
of  age;  and  shall  be  divided  into  two  classes:  The  or- 
ganized militia,  to  be  known  as  the  National  Guard  of 
the  state,  territory,  or  District  of  Columbia,  or  by  such 
other  designations  as  may  be  given  them  by  the  laws  of 
the  respective  states  or  territories ;  and  the  remainder  to 
be  known  as  the  reserve  militia."  The  law  exempts  from 
military  duty,  for  public  reasons,  several  specified  officers 


38  Fundamentals  of  American  Government. 

and  classes  of  officers,  and  other  persons  engaged  in  pub- 
He  service,  besides  persons  who  have  reHgious  scruples 
against  bearing  arms.  But,  in  general,  all  citizens  of 
military  age,  not  specially  exempted,  are  included  in  one 
of  the  two  classes  specified.  No  person  is  compelled  to 
be  enrolled  in  the  organized  militia,  but  if  enrolled,  and 
the  organization  to  which  he  belongs  is  called  into  serv- 
ice, his  refusal  to  comply  with  the  order  subjects  him  to 
trial  and  punishment  by  court-martial. 

If  the  organized  militia  is  not  sufficient  in  a  particular 
public  exigency,  the  unorganized  or  reserve  militia  may 
be  called  out,  and  in  this  manner  the  government  may 
reach  able-bodied  citizens  not  exempted  from  military 
service.  During  the  Civil  War,  1861-1865,  the  number 
of  volunteers  not  being  sufficient,  the  government  or- 
dered a  draft  from  the  class  of  citizens  now  included  in 
the  reserve  militia.  The  persons  drafted  were  thus  com- 
pelled either  to  join  the  army  themselves  or  furnish  sub- 
stitutes. This  was  an  extreme  application  of  the  prin- 
ciple that  every  able-bodied  citizen  is  bound  to  aid  his 
country  in  time  of  need.  Clearly,  it  is  the  duty  of  every 
citizen  to  render  military  service  to  the  state  or  nation 
of  which  he  is  a  member.  He  has  no  right  to  claim  the 
benefits  of  citizenship  and  enjoy  the  protection  which  his 
country  affords,  without  being  ready  at  all  times  to  ren- 
der such  aid  as  may  be  needed  in  time  of  public  danger. 

The  foregoing  act  of  Congress  of  1903  contains  nu- 
merous details  relating  to  organization,  equipment,  in- 
struction, and  discipline  of  the  militia.  In  addition  to 
this  act  the  Constitutions  and  laws  of  the  several  states 
should  be  consulted  for  local  regulations  relative  to  mili- 
tary service. 

Official  Service. 

There  can  be  no  government  without  officers  to  ad- 


Duties  of  Citizens.  39 

minister  it,  and  in  a  representative  government,  like  ours, 
citizens  must,  in  order  to  carry  on  government,  accept 
public  office  and  render  official  service.  Office  holders  and 
persons  occupying  positions  connected  with  the  govern- 
ment constitute  a  large  class.  Thousands  of  persons  are 
thus  connected  with  the  administration  of  public  affairs 
in  one  way  or  another.  It  is  no  discredit  to  them  to 
say  that  probably  nearly  all  such  persons  in  public  posi- 
tions have  sought  the  places  they  occupy.  The  compen- 
sation attached  to  an  official  position  is,  in  a  large  number 
of  cases,  a  means  of  livelihood,  and  by  operation  of 
civil  service  rules  many  persons  are  appointed  to  posi- 
tions which  they  are  entitled  to  hold  practically  for  life. 
Many  public  offices  are  sought,  not  only  for  the  honor 
and  opportunity  connected  with  them,  but  also  for  the 
accompanying  compensation.  Perhaps  it  is  not  too  much 
to  say  that  persons  who  are  thus  candidates  for  office 
do  not  usually  accept  offices  simply  from  a  high  sense 
of  duty,  but  because  they  are  honorable  and  agreeable 
as  well  as  remunerative. 

The  duty  of  the  citizen  applies  especially  where  he  is 
called  to  perform  public  service  under  circumstances 
which  require  sacrifice  on  his  part  by  devoting  his  tirr^e 
and  energies  to  the  office,  instead  of  giving  his  whole 
attention  to  his  private  business,  and  where  sacrifice  even 
causes  financial  loss  by  depriving  him  of  ordinary  busi- 
ness opportunities  while  performing  the  duties  of  an  of- 
ficial position.  There  are  many  official  positions  to  which 
no  compensation  is  attached.  Here  the  citizen  is  ex- 
pected to  render  gratuitous  service,  and  the  demand  upon 
his  patriotism  goes  to  the  extent  of  requiring  the  same 
zeal  and  devotion  in  the  performance  of  his  official  duties 
as  if  he  received  ample  compensation  therefor. 

The  state  claims  the  right  to  demand  official  service 
from  every  citizen,  within  proper  limitations  and  under 


40  fundamentals  of  American  Government 

reasonable  conditions.  The  assertion  of  this  principle  has 
led  to  the  enactment  of  laws  which  impose  a  penalty  upon 
a  citizen  who  refuses  to  accept  an  office  to  which  he  has 
been  duly  chosen.  Happily  there  is  seldom  occasion  to 
enforce  this  penalty ;  for,  even  where  official  service  must 
be  rendered  without  compensation,  most  men  have  pa- 
triotism sufficient  to  induce  them  to  render  the  needed 
service  to  the  state  or  to  the  community  without  reward 
or  the  expectation  of  reward,  except  that  derived  from 
the  conscientious  performance  of  an  honorable  public 
duty. 

Jury  Service. 

The  right  of  trial  by  jury  has  already  been  noted  in 
considering  the  personal  rights  and  privileges  of  a  citi- 
zen. 

A  jury  is  usually  composed  of  private  citizens  not 
otherwise  connected  with  the  administration  of  justice, 
and  constitutes  a  body  which  is  an  essential  element  in 
our  judicial  system,  in  ordinary  cases  involving  questions 
of  fact.  Every  citizen  who  possesses  the  requisite  quali- 
fications is  a  possible  juror,  and  therefore  a  possible  mem- 
ber of  a  judicial  tribunal  organized  to  try  ordinary  ques- 
tions of  fact.  In  this  way  citizens  become  active  partici- 
pants in  the  administration  of  justice,  for  as  members  of 
the  jury  they  are  asked  to  decide  questions  of  fact,  and  to 
determine  the  truth,  not  only  in  controversies  between 
citizens,  but  in  cases  where  a  person  is  charged  with  the 
criminal  violation  of  a  law  of  the  state.  So  it  may  happen 
that  today  a  citizen  may  submit  to  a  jury  of  his  fellow 
citizens  his  controversy  with  another  person  or  with  the 
state,  and  that  tomorrow  the  same  citizen  may  himself  be 
a  member  of  a  jury,  and  required  to  decide  a  like  question 
between  his  neighbors. 

The  social  and   political   value   of  the  jury  has   not 


Duties  of  Citizens.  41 

always  been  appreciated.  It  is  a  distinctive  means  of 
education,  not  only  in  the  administration  of  justice,  but 
generally  in  public  affairs.  A  jury  drawn  from  different 
parts  of  the  county  or  other  municipality  find  opportunity 
for  extending  their  acquaintance  and  becoming  familiar 
with  the  methods  of  public  business.  Jurors  are  as  es- 
sential in  particular  proceedings  as  the  judge  himself, 
and  in  the  course  of  a  series  of  trials  at  a  term  of  court 
they  find  opportunities,  not  only  for  personal  acquaint- 
ance with  each  other,  for  observing  the  jealous  care  with 
which  the  rights  of  the  citizen  are  guarded  through  the 
forms  of  law,  for  studying  the  character  of  men  who  ap- 
pear in  various  capacities  in  the  course  of  a  trial,  but 
also  for  learning  some  of  the  various  aspects  of  social, 
political,  and  commercial  life  incident  to  our  complex 
civilization.  Every  juror  who  gives  careful  attention  to 
what  is  going  on  returns  from  a  term  of  court  with  a 
wider  knowledge  of  men  and  of  affairs,  and  a  deeper 
appreciation  of  the  meaning  of  citizenship  under  a  free 
government. 

Our  laws  prescribe  the  qualifications  of  jurors,  and 
contain  regulations  for  procuring  their  attendance  at 
court.  A  person  duly  summoned  as  a  juror,  who  fails 
to  attend  without  a  reasonable  excuse,  may  be  punished 
for  such  neglect.  In  this  manner  the  state,  acting  through 
its  judges,  asserts  its  right  to  demand  that  every  citizen 
shall  perform  the  part  assigned  to  him  in  the  administra- 
tion of  justice.  It  is  the  plain  duty  of  every  citizen  to 
perform  jury  service  under  the  conditions  prescribed  by 
law,  and  thus  sustain  the  judicial  system,  which  he  is 
entitled  to  use  in  his  own  behalf,  in  the  assertion  or  de- 
fense of  his  private  rights. 

Contributions  for  the  Support  of  Government. 

If  a  flag  is  worth  living  under,  it  should  be  sustained 


42  Fundamentals  of  American  Government. 

and  defended  to  the  last  extremity  by  every  citizen.  Our 
government  is  entitled  to  our  cordial  support,  not  only 
by  making  a  proper  use  of  the  right  to  vote,  by  rendering 
military  service  in  times  of  national  stress  and  danger, 
by  performing  official  duties  v^^hen  called  to  the  public 
service,  by  maintaining  the  dignity  of  the  state  in  the 
proper  administration  of  justice,  but  also  by  making  finan- 
cial contributions  for  the  expenses  incurred  in  carrying 
on  the  government.  These  contributions  are  usually 
made  by  the  payment  of  taxes,  but  they  are  also  made 
by  the  operation  of  revenue  lav^s,  and  by  various  other 
methods  of  raising  money  for  public  purposes. 

National  revenues  are  raised  by  indirect  processes, 
which  only  remotely  affect  the  majority  of  citizens;  but 
in  state  and  municipal  affairs  the  people  have  frequent 
occasion  to  feel  the  burden  of  taxation.  The  weight  of 
local  taxation  is  sometimes  relieved  by  resorting  to  in- 
direct methods  of  raising  funds,  such  as  imposing  taxes 
on  inheritances,  on  the  sales  of  intoxicating  liquors,  on 
the  transfers  of  certain  property,  and  on  particular  kinds 
of  business.  The  streams  of  tribute  flowing  into  the 
treasury  from  these  sources  sometimes  furnish  funds  suf- 
ficient for  carrying  on  the  government,  and  in  this  way 
direct  taxation  is  either  avoided,  or  greatly  reduced. 

The  most  serious  burdens  of  taxation  arise  from  munic- 
ipal expenditures.  These  cover  a  wide  range  of  subjects, 
including  schools,  charities,  public  buildings,  lighting, 
water  supply,  drainage,  public  health,  police,  highways, 
streets,  parks,  and  other  public  places,  besides  the  compen- 
sation of  officers  and  other  incidental  and  extraordinary 
purposes.  The  administration  of  these  various  subjects 
touches  the  citizen  at  short  range,  for  it  is,  or  may  be, 
under  his  own  immediate  observation.  The  expenditures 
may  be  authorized  by  his  own  vote,  and  he  is  thus  in  a 
measure  responsible  for  them.    Every  citizen  should  free- 


Duties  of  Citizens.  43 

ly  contribute  for  these  purposes, — especially  when  taxes 
are  reasonable  and  equitably  assessed,  and  the  proceeds 
are  wisely  expended.  Organized  society  cannot  be  main- 
tained without  such  expenditures,  varying  in  degree  ac- 
cording to  circumstances. 

The  expenditures  are  directly  or  indirectly  under  the 
control  of  the  citizens  of  the  municipality,  and  are  there- 
fore, in  form  and  often  in  fact,  made  with  their  consent. 
This  is  another  instance  of  the  "consent  of  the  governed," 
which,  according  to  the  Declaration  of  Independence,  is 
the  source  of  all  the  powers  of  a  just  government.  The 
privilege  of  giving  the  consent  implies  a  corresponding- 
duty  to  sustain  all  departments  of  the  government  so 
established. 


Obedience  to  Law. 

"Let  every  soul  be  subject  unto  the  higher  powers.  For 
there  is  no  power  but  of  God ;  the  powers  that  be  are 
ordained  of  God."  Thus  wrote  St.  Paul  to  his  Roman 
friends  at  the  beginning  of  the  Christian  era.  The  great 
apostle  was  himself  a  free-born  Roman  citizen,  and  he 
was  proud  of  his  citizenship;  at  a  critical  juncture^ he 
claimed  the  benefit  of  its  privileges  and  immunities,  and 
that  as  a  Roman  citizen  he  was  entitled  to  the  protection 
of  the  Roman  government  against  the  exercise  of  ar- 
bitrary power  by  Roman  officers  whose  intended  treat- 
ment of  him  would  have  deprived  him  of  his  liberty,  and 
perhaps  of  his  life,  without  due  process  of  law.  The 
Saviour  said,  on  an  important  occasion :  "Render  unto 
Caesar  the  things  that  are  Caesar's;  and  unto  God  the 
things  that  are  God's."  St.  Peter  expressed  the  same 
idea  in  one  of  his  letters  when  he  said,  "Fear  God,  honor 
the  King;"  that  is,  honor  the  government  of  the  country 
in  which  you  live. 


44  Fundamentals  of  American  Government. 

We  need  not  here  argue  about  the  divine  right  of 
kings;  we  in  the  United  States  have  asserted  the  divine 
right  of  the  people  to  rule  themselves,  and  have  pro- 
claimed that  right,  not  only  in  the  Declaration  of  Inde- 
pendence, but  in  our  Constitutions  and  laws.  The  fore- 
going admonitions  from  Holy  Writ  clearly  teach  that 
patriotism  is  a  religious  duty,  which  patriotism  includes 
not  only  love  of  country,  but  loyalty  to  the  government, 
respect  for  its  institutions,  and  obedience  to  its  laws. 

It  must  be  manifest  to  all  careful  observers  that  some 
persons  come  to  the  United  States  without  a  proper  appre- 
ciation of  the  principles  underlying  free  government,  and 
acts  of  lawlessness  here  and  there,  from  time  to  time, 
show  that  the  term  "liberty"  is  often  misunderstood. 
There  must  be  government;  there  must  be  order.  But 
real  liberty  is  regulated  by  law,  and  it  is  founded  on  the 
well-being  of  society.  Even  in  a  democracy,  or  under 
a  republican  form  of  government  like  ours,  the  people 
sometimes  make  mistakes  in  determining  the  best  poli- 
cies ;  and  there  may  be  failures  in  administering  the  laws 
and  procuring  the  best  results;  but  it  may  be  safely  as- 
serted that  in  the  main  our  laws  are  good  enough  for 
every  citizen,  native  or  naturalized. 

The  best  citizens  are  those  who  are  "above  the  law;" 
not  beyond  its  reach,  nor  superior  to  its  influence,  but 
whose  daily  lives  are  such  that  they  do  not  feel  the  op- 
eration of  law  in  its  ordinary  sense.  There  are  probably 
thousands  of  persons  who  know  little  or  nothing  of  the 
penal  code;  its  commandments,  prohibitions,  and  penal- 
ties mean  nothing  to  them,  for  they  are  above  it.  If  all 
our  citizens  could  live  in  such  an  atmosphere  as  this, 
there  would  be  little  need  of  penal  laws,  or  police,  or 
courts.  St.  Paul  says  that  "rulers  are  not  a  terror  to  good 
works,  but  to  the  evil."  "Do  that  which  is  good,  and 
thou  shalt  have  praise"  of  the  power.     The  people  are 


Duties  of  Citizens.  45 

the  rulers,  they  are  jealous  of  the  institutions  they  have 
established  and  are  trying  to  maintain.  Every  citizen's 
standing  in  the  community,  and  the  degree  of  respect 
which  he  enjoys  among  his  neighbors,  depend  very  large- 
ly upon  his  attitude  toward  the  laws  and  institutions  of 
the  country. 

There  can  be  no  higher  duty  of  the  citizen  than  obedi- 
ence to  the  laws.  Indeed,  this  comprehends  all  the  du- 
ties which  have  been  considered  in  this  section,  and  all 
other  related  duties  which  have  not  been  particularly 
mentioned.  If  a  foreigner  comes  to  us  with  a  desire  to 
improve  his  condition,  with  the  intention  of  becoming 
one  of  our  people,  and  of  contributing  to  the  welfare  of 
the  community  by  the  addition  of  his  own  intelligence  and 
virtue,  and  thus  enjoy  to  the  fullest  extent  the  privi- 
leges and  immunities  accorded  to  every  member  of  so- 
ciety, he  may  here  find  an  ample  field  for  the  gratification 
of  his  aspirations;  and  he  may  illustrate  by  his  own  ex- 
perience and  possibilities  what  it  means  to  be  an  American 
citizen. 


THE     GREAT    DOCUMENTS. 

One  object  of  this  book  is  to  present  to  the  foreigner 
intending  to  become  a  citizen  the  great  documents  which 
are  the  foundation  of  our  institutions,  and  the  charters 
which  set  forth  the  theory  and  plan  of  the  American  sys- 
tem of  government.  The  principles  underlying  our  form 
of  government  have  already  been  considered,  more  or  less 
fully,  in  the  Introduction.  The  documents  on  which  the 
discussion  chiefly  rests  are  given  at  length  in  the  follow- 
ing pages,  but  it  is  believed  that  a  brief  reference  to 
them  here  will  be  of  interest  to  the  reader. 

Magna  Charta. 

First  in  the  list  belongs  this  ancient  instrument  which 
has  so  long  been  deemed  the  basis  of  English  and  Amer- 
ican free  institutions.  A  brief  sketch  of  it  is  given  in 
a  preliminary  note  to  the  Charter,  and  little  more  need 
be  said  here  concerning  its  origin.  For  a  full  description 
and  the  text  of  this  document  and  also  of  the  articles  con- 
taining the  demands  made  upon  the  King  which  were 
afterwards  amplified  and  granted  in  the  Charter  itself  see 
post,  52-82. 

No  one  can  fail  to  appreciate  the  ancient  character  of 
the  instrument,  when  it  is  remembered  that  it  was  written 
only  a  century  and  a  half  after  William  of  Normandy  in- 
vaded England  and  achieved  that  great  conquest  which, 
according  to  Sir  Francis  Palgrave,  established  an  Anglo- 
Norman  dynasty,  and  gave  to  the  world  the  British  Em- 
pire. Every  loyal  and  patriotic  Englishman  cherishes 
the  Great  Charter  as  a  priceless  heritage.    Kings  have 

r461 


The  Great  Documents.  47 

more  than  once  yielded  to  the  force  of  its  principles,  and 
it  has  for  centuries  been  the  foundation  of  English  con- 
stitutional liberty.  It  expresses  in  unmistakable  language 
the  elements  of  freedom  so  conspicuously  represented  in 
our  parliamentary  system,  which  has  come  down  to  us, 
out  of  the  dim  past,  from  the  recesses  of  ancient  German 
forests,  where  the  spirit  of  liberty  was  dominant  and 
unconquerable.  Many  of  its  provisions  were  temporary, 
but  they  were  vital  to  men  of  that  time,  and  illustrate 
the  peculiar  customs  which  prevailed  in  England  seven 
centuries  ago.  The  reader  can  scarcely  fail  to  be  inter- 
ested in  a  brief  analysis  of  some  of  its  articles,  especially 
those  which  still  continue  in  fact,  if  not  in  form,  in  the 
customs  and  institutions  of  today. 

Article  i,  among  other  things,  guaranteed  the  freedom 
of  the  English  Church.  In  America  all  churches  are 
free,  and  religious  liberty  is  guaranteed  to  every  citizen. 

Article  2  contained  a  broad  grant  of  perpetual  free- 
dom to  the  English  people. 

Article  5  provided  for  the  protection  of  minors  whose 
property  was  in  the  hands  of  guardians.  Similar  prin- 
ciples prevail  in  modern  law. 

Article  7  guaranteed  dower,  and  allowed  a  widow  to 
remain  in  her  husband's  house  forty  days  after  his  death. 
The  same  rules  are  found  in  modern  statutes. 

Article  9  protected  the  judgment  debtor's  land  from 
seizure  until  his  personal  property  was  exhausted.  This 
is  the  modern  rule.  By  the  same  article  a  surety  was 
not  liable  until  the  remedies  against  his  principal  had 
failed. 

By  article  13  municipalities  are  secured  in  their  lib- 
erties and  customs. 

By  article  17  the  court  of  common  pleas  was  to  be 
held  in  a  certain  place,  and  not  to   follow  the  King's 


48  Fundamentals  of  American  Government. 

court.     Modern  constitutions  and  laws  provide  for  hold- 
ing courts  in  a  fixed  place. 

Article  18  provided  for  judicial  tribunals  in  each  coun- 
ty, with  power  to  dispose  of  legal  proceedings.  This  is 
the  modern  practice. 

Article  19  required  courts  to  continue  in  session  un- 
til their  business  was  completed.  Similar  regulations 
may  be  found  in  modern  statutes. 

By  articles  20,  21,  and  22  amerciaments  (penalties) 
were  required  to  be  reasonable,  according  to  the  rank  of 
the  offender.  A  similar  rule  prevails  in  our  modem  con- 
stitutions, which  prohibit  excessive  fines. 

Article  26  declared  a  preference  in  favor  of  the  King 
on  any  claim  held  by  him  against  a  decedent.  Modern 
statutes  also  give  a  preference  to  claims  held  by  the 
government. 

Article  27  provided  for  the  distribution  of  the  personal 
estate  of  a  decedent  to  his  next  of  kin  after  the  pay- 
ment of  his  debts. 

By  article  31  the  King  could  not  take  a  freeman's 
wood  without  his  consent.  According  to  the  modern 
rule,  any  private  property  may  be  taken  for  a  public  use^ 
but  only  on  rendering  a  just  compensation  therefor. 

By  article  35  weights  and  measures  were  to  be  uniform. 
Our  national  Constitution  vests  in  Congress  the  power 
to  fix  the  standard  of  weights  and  measures. 

Article  39  contained  the  great  declaration  concerning 
freemen's  rights.  It  is  the  most  important  article  in 
the  charter,  for  it  contains  a  sure  guaranty  of  personal 
liberty,  and  secures  the  protection  of  the  citizen  in  the 
enjoyment  of  his  privileges  and  immunities.  It  has  been 
repeated  and  re-enacted  in  principle,  if  not  in  form,  in 
modern  constitutions  and  statutes.  Its  essential  elements 
appear  in  the  provision  in  the  national  Constitution  that 


The  Great  Documents.  49 

no  person  shall  be  deprived  of  life,  liberty,  or  property 
without  due  process  of  law.  It  is  the  opening  section  of 
the  Constitution  of  New  York,  and  is  there  stated  in 
language  very  similar  to  the  original,  as  follows :  "No 
member  of  this  state  shall  be  disfranchised,  or  deprived 
of  any  of  the  rights  or  privileges  secured  to  any  citizen 
thereof,  unless  by  the  law  of  the  land  or  the  judgment 
of  his  peers." 

By  article  40  justice  was  not  to  be  sold,  nor  denied, 
nor  delayed  to  anyone.  Our  courts  are  open  to  ev^ery 
suitor,  and  our  constitutions  and  laws  guarantee  to  every 
citizen  a  fair,  free,  and  equal  opportunity  for  the  asser- 
tion of  any  right,  or  the  redress  of  any  grievance. 

Article  41  guaranteed  protection  to  foreign  merchants 
doing  business  in  England.  Modern  laws  and  treaties 
secure  free  commercial  intercourse  among  the  people  of 
different  nations. 

Article  42  authorized  Englishmen  to  travel  abroad 
freely,  except  in  time  of  war,  but  they  could  not  abandon 
their  allegiance.  A  similar  rule  is  declared  by  the  ex- 
patriation law,  which  appears  in  a  subsequent  part  of 
this  book  {post,  210)  except  that  the  law  recognizes  the 
right  of  a  citizen  to  transfer  his  allegiance  to  anotheY 
government. 

Article  45  was  intended  to  insure  competent  persons 
for  the  public  service.  This  was  a  rule  which  is  ex- 
pressed in  modern  times  in  various  civil  service  laws  and 
regulations. 

Declaration  of  Independence. 

No  analysis  of  this  great  document  is  needed  here. 
The  reasons  which  made  it  necessary  are  clearly  set  forth 
in  the  instrument  itself,  and  are  given  in  detail  in  the 
eighteen  grievances  in  which  are  described  the  oppressive 


50  Fundamentals  of  American  Government. 

measures  pursued  by  the  British  government  against  the 
American  colonies,  and  which  caused  the  Revolution. 
For  the  full  text  of  this  document  see  post,  83. 

Articles  of  Confederation. 

Some  features  of  this  compact  between  the  states  are 
described  in  the  Introduction  and  in  notes  to  the  Con- 
stitution. It  was  for  the  time  being  the  Constitution 
under  which  the  patriots  achieved  the  actual  independence 
which  had  been  proclaimed  in  the  great  Declaration. 
Many  provisions  in  the  Articles  were  continued  in  the 
Constitution,  which  was  enriched  by  the  results  of  ten 
years  of  experience,  during  which  state  governments  had 
been  firmly  established,  the  principles  and  also  the  prac- 
tice of  popular  liberty  had  become  familiar  to  all,  leaders 
and  people  alike,  and  the  men  then  responsible  for  the 
administration  of  public  affairs  were  able  from  the  ma- 
terials at  hand  to  form  a  "more  perfect  union."  There 
is  reason  to  think  that  in  our  day  a  study  of  the  Articles 
of  Confederation  is  sometimes  neglected,  but  that  in- 
strument cannot  be  ignored  by  any  student  who  washes 
to  understand  the  sources  of  our  national  government. 

For  the  full  text  of  this  document  see  post,  9I. 

Constitution  of  The  United  States. 

This  is  the  final  and  the  greatest  living  document  here 
presented  for  the  consideration  of  the  foreign  student. 
Its  predecessors  have  passed  into  history.  It  is  the  funda- 
mental law  of  a  great  nation,  and  it  contains  the  outlines 
of  the  form  of  government  and  the  essential  principles 
on  which  that  government  is  administered.    . 

The  high  tribute  which  is  due  to  the  men  who  framed 
it  clearly  appears  when  we  remember  that,  with  the  ex- 
ception of  the  first  ten  Amendments,  which  are  practically 


The  Great  Documents.  51 

a  part  of  the  original  instrument,  no  amendments  of  prin- 
ciple have  been  needed  for  more  than  a  century,  except 
those  made  necessary  by  the  emancipation  of  the  slaves 
as  a  result  of  the  Civil  War.  If  slavery  had  not  existed 
and  had  not  been  abolished,  there  would  have  been  no 
occasion  for  these  Amendments.  The  Constitution  it- 
self, in  its  original  form,  has  been  found  sufficient  for 
all  national  exigencies,  and  the  powers  conferred  by  it 
adequate  for  the  enactment  and  enforcement  of  all  laws 
needed  in  carrying  on  the  government  during  our  most 
marvelous  history. 

For  the  complete  document  with  the  notes  upon  it  see 
post,  107. 

NatiiraUzation  Law. 

The  latest  naturalization  law  (1906)  is  included  in  the 
book,  so  that  persons  intending  to  become  citizens  may 
have  an  opportunity  to  study  the  regulations  under  which 
they  are  admitted  to  citizenship. 

For  the  law  in  full  see  post,  lyy. 

Expatriation  Lazv. 

This  law  is  included  in  the  book  because  of  its  relation 
to  the  general  subject  of  citizenship,  and  because  it  ex- 
presses the  national  policy  under  which  any  citizen  may 
renounce  his  allegiance  to  the  government  of  the  United 
States,  and  assume  similar  relations  to  any  other  govern- 
ment. The  law  also  provides  for  the  effect  of  the  tem- 
porary abandonm.ent  of  his  adopted  country  by  a  natural- 
ized citizen,  and  the  consequence  of  his  continued  resi- 
dence abroad  for  a  prescribed  period. 

For  the  law  in  full  see  post,  210. 


52  Fiindarii:ntah  of  American  Government. 

MAGNA  CHARTA,  1215. 

The  Great  Charter  of  English  Liberties,  which,  for 
nearly  seven  centuries,  has  been  the  foundation  of  the 
free  institutions  we  now  enjoy,  may  appropriately  be 
given  the  place  of  honor  among  historic  documents 
intended  to  enable  foreigners  to  acquire  information 
concerning  the  principles  which  underlie  and  regulate 
the  government  of  the  United  States.  Many  books 
have  been  written  on  Magna  Charta.  and  it  has  been  a 
fruitful  source  of  speculation  and  discussion,  and  the  oc- 
casion of  the  most  profound  study  and  research.  It  has 
engaged  the  attention  of  great  jurists  like  Blackstone  and 
Coke,  and  of  statesmen,  historians,  and  essayists  almost 
without  number.  It  possesses  a  fascinating  interest 
which  cannot  fail  to  arouse  the  enthusiasm  of  every 
thoughtful  student  of  political  and  social  institutions.  It 
is  not  my  purpose  to  present  here  a  history  of  Magna 
Charta,  but  it  seems  proper  to  refer  to  a  few  facts  which 
may  be  of  interest  to  the  reader  as  a  prelude  to  the  docu- 
ment itself. 

It  is  a  matter  of  common  knowledge  that  the  Charter 
was  granted  by  King  John  as  the  result  of  a  long  contro- 
versy between  himself  and  the  barons  of  England,  involv- 
ing royal  encroachments  on  one  side,  and  on  the  other 
numerous  and  comprehensive  demands  for  a  larger  meas- 
ure of  popular  liberty.  While  these  demands  were  pre- 
sented and  enforced  by  the  barons,  they  were  sustained 
by  the  people  themselves,  and  the  barons  were  only  the  in- 
struments or  agents  of  the  people  in  procuring  the  liber- 
ties guaranteed  by  the  Charter.  Without  going  into  de- 
tail concerning  the  protracted  negotiations  between  the 
King  and  the  barons,  it  is  sufficient  to  say  here  that  soon 
after  Easter,  in  the  year  12 15,  the  barons  presented  to  the 
King  their  demands  in  the  form  of  articles,  to  which  they 


Magna  Charta.  53 

required  the  King's  assent.  These  Articles  are  given  be- 
low, preceding  the  Charter.  While  they  were  in  complete 
form,  they  were  apparently  intended  only  as  a  rough 
draft  or  as  heads  for  a  charter.  The  King  rejected  the 
Articles,  and  refused  to  accede  to  the  demands  made  by 
the  barons.  The  barons  thereupon  declared  war,  and 
marched  upon  London,  arriving  there  May  24,  12 15. 
Events  hastened  rapidly,  and  on  the  5th  of  June,  12 15, 
the  King  by  appointment  met  the  barons  at  Runnymede 
(council  meadow),  a  large  tract  of  meadow  land  between 
Staines  and  Windsor,  and  here,  on  the  15th,  granted  the 
Great  Charter  which  had  been  prepared  by  the  barons  and 
was  there  presented  to  the  King.  It  amplified  and  stated 
ill  more  elaborate  language  the  demands  contained  in  the 
Articles.  The  Articles  and  the  Charter  are  preserved  in 
the  British  Museum  in  London. 

It  seems  that  several  copies  or  drafts  of  the  Charter 
were  made  at  or  about  the  time  it  was  granted,  and  there 
appear  to  be  some  differences  in  these  copies.  The  Eng- 
lish Record  Commission,  which  was  charged,  among 
other  things,  with  the  dutj-  of  examining  early  English 
documents  and  records,  in  the  appendix  to  its  report  sub- 
mitted to  Parliament  June  2,  181 2,  gives  an  interesting 
account  of  its  researches  in  connection  with  the  great 
charters  of  England,  and  it  is  there  stated  that  a  sub- 
commission  visited  every  place  where  it  appeared  that  any 
of  the  ancient  records  were  preserved.  The  commission- 
ers say  that  they  have  published  all  the  charters,  and  that 
the  collection  thus  presented  is  as  complete  as  the  most 
careful  examination  could  produce,  and  much  more  com- 
plete than  any  other  which  had  then  been  published,  not 
excepting  Sir  William  Blackstone's  collection,  which  the 
commissioners  say  was  imperfect  in  several  particulars. 
The  commissioners  express  the  opinion  that  the  charter 


54  Fundamentals  of  American  Government, 

found  in  Lincoln  Cathedral  is  the  most  authentic.  I 
quote  from  the  report : 

"In  Lincoln  Cathedral,  an  original  of  the  Great  Char- 
ter of  Liberties,  granted  by  King  John,  in  the  seventeenth 
year  of  his  reign,  is  preserved  in  a  perfect  state.  This 
Charter  appears  to  be  of  superior  authority  to  either  of 
the  two  Charters  of  the  same  date,  preserved  in  the  Brit- 
ish Museum.  From  the  contemporary  indorsement  and 
the  word  Lincolnia  on  the  folds  of  the  Charter,  this  may 
be  presumed  to  be  the  Charter  transmitted  by  the  hands 
of  Hugh,  the  then  Bishop  of  Lincoln,  who  is  one  of  the 
Bishops  named  in  the  introductory  clause;  it  is  observ- 
able that  several  words  and  sentences  are  inserted  in  the 
body  of  this  Charter,  which,  in  both  the  Charters  pre- 
served in  the  British  Museum,  are  added  by  way  of  notes 
for  amendment,  at  the  bottom  of  the  Instrument." 

Mr.  Richard  Thomson,  an  eminent  English  antiquary, 
who  published  an  exhaustive  work  on  Magna  Charta  in 
1829  under  the  patronage  of  the  Earl  of  Spencer,  follows 
the  Commission.  On  these  authorities,  including  the 
opinion  of  the  Record  Commission,  which  is  official,  I 
am  justified,  I  think,  in  using  the  Lincoln  draft  in  this 
work,  and  have  therefore  adopted  Mr.  Thomson's  trans- 
lation of  the  Articles  and  of  the  Charter. 


Magna  Charta.  55 

TRANSLATION  OF  THE  ARTICLES 

OF  THE 

GREAT  CHARTER  OF  LIBERTIES, 

UNDER  THE 

SEAL  OF  KING  JOHN. 

[The  Roman  numerals  which  are  placed  against  each  of  the  fol- 
lowing articles  divide  them  into  forty-nine  distinct  heads,  for  the 
convenience  of  reference.  The  Arabic  figures,  which  are  also  placed 
at  the  commencement  of  each  article,  refer  to  that  chapter  of  King 
John's  Great  Charter  in  which  the  contents  of  every  division  are  to 
be  found.  The  same  rule  is  also  to  be  observed  in  the  numbers  of 
reference,  from  the  Charter  back  to  the  original  Articles.] 

These  are  the  particulars  of  what  the  Barons  petition, 
and  our  Lord  the  King  grants. 

I.  (2)  After  the  death  of  an  Ancestor,  the  Heir  of 
full  age  shall  have  his  inheritance  by  the  ancient  Relief, 
as  expressed  in  the  Charter. 

II.  (3)  An  Heir  who  is  under  age,  and  who  is  in 
guardianship,  when  he  comes  to  age  shall  have  his  in- 
heritance without  Relief  or  Fine. 

III.  (4)  The  Keeper  of  an  Heir's  land  shall  take  only 
reasonable  issues,  customs,  and  services,  without  de- 
struction or  waste  of  the  men  or  goods ;  and  if  the  Keeper 
of  such  land  shall  make  destruction  or  waste,  he  shall  be 
dismissed  from  that  guardianship;  (5)  and  the  Keeper 
shall  maintain  the  houses,  parks,  fish-ponds,  mills,  and 
other  things  which  belong  to  the  land,  or  to  the  rents 
thereof;  (6)  and  that  Heirs  shall  be  married  without  dis- 
paragement, so  that  it  be  by  the  advice  of  them  that  are 
nearest  of  kin. 

IV.  (7)  No  Widow  shall  give  any  thing  for  her 
Dower  or  Marriage,  after  the  decease  of  her  husband: 
but  she  may  remain  within  his  house  for  forty  days  after 


56  Fundamenfals  of  American  Government. 

his  death ;  and  within  that  term  they  shall  be  assigned 
her,  and  she  shall  have  in  the  same  place  her  Dower,  and 
her  Marriag-e-portion,  and  her  Inheritance. 

V.  (9)  The  King  nor  his  Bailiffs  shall  not  seize  upon 
any  land  for  debt  while  there  are  sufficient  goods  of  the 
Debtor's;  nor  shall  the  Securities  of  a  Debtor  be  dis- 
tressed, so  long  as  the  principal  Debtor  be  solvent :  but 
if  the  principal  Debtor  fail  in  payment,  the  Securities, 
if  they  be  willing,  shall  have  the  lands  of  the  Debtor 
until  they  shall  be  repaid;  unless  the  principal  Debtor 
can  show  himself  to  be  acquitted  thereof  from  the 
Securities. 

VI.  (15)  The  King  shall  not  grant  to  any  of  his 
Barons,  that  he  shall  take  aid  of  his  Free-men,  unless  it 
be  for  the  redeeming  of  his  own  body,  for  the  making 
of  his  eldest  son  a  Knight,  and  once  for  marrying  his 
eldest  daughter;  and  this  shall  be  done  by  a  reasonable 
aid. 

VII.  (16)  No  one  shall  do  more  service  for  a 
Knight's-fee  than  that  which  is  due  from  thence. 

VIII.  (17,  18)  That  Common  Pleas  shall  not  follow 
the  Court  of  our  Lord  the  King,  but  shall  be  assigned 
to  any  certain  place;  and  that  recognitions  shall  be  taken 
in  their  same  Counties  in  this  manner :  that  the  King 
shall  send  two  Justiciaries  four  times  in  the  year,  who, 
with  four  Knights  of  the  same  County,  elected  by  tl^e 
people  thereof,  shall  hold  Assizes  of  Novel  Disseisin, 
Morte  d'Ancestre,  and  Last  Presentation ;  nor  shall  any 
be  summoned  for  this,  unless  they  be  Jurors,  or  of  the 
two  parties. 

IX.  (20)  That  a  Free-man  shall  be  amerced  for  a 
small  fault  according  to  the  degree  of  the  fault ;  and  for 
a  greater  crime  according  to  it's  magnitude,  saving  to 
him  his  Contenement ;  a  Villian  also  shall  be  amerced  in 
the  same  manner,  saving  his  Wainage;  and  a  Merchant 


Magna  Charta.  57 

in  the  same  manner,  saving  his  Merchandise ;  by  the  oath 
of  faithful  men  of  the  neighborhood. 

X.  (22)  That  a  Clerk  shall  be  fined  according  to  his 
Lay-fee  in  the  manner  aforesaid,  and  not  according  to 
his  Ecclesiastical  benefice. 

XL  (23)  No  Town  shall  be  amerced  for  the  making 
of  Bridges  for  river's  banks,  unless  they  shall  of  right 
h  ave  been  anciently  accustomed  to  do  so. 

XIL  (35)  That  the  Measure  of  Corn,  Wine,  the 
breadth  of  cloth,  and  other  things  be  amended ;  and  the 
same  of  Weights. 

XIIL  (19)  That  the  Assizes  of  Novel  Disseisin  and 
Morte  d'Ancestre  be  shortened,  and  made  like  to  other 
Assizes. 

XIV.  (24)  That  no  Sheriff  shall,  of  himself,  enter 
into  Pleas  belonging  to  the  Crown,  without  the  Crown's 
authority;  (25)  and  that  Counties  and  Hundreds  shall 
be  at  the  Ancient  Ferme  without  increase,  unless  they 
be  the  Manors  of  our  Lord  the  King. 

XV.  (26)  If  any  who  hold  of  the  King  shall  die, 
although  a  Sheriff  or  other  Officer  of  the  King  shall 
seize  and  register  his  goods  by  the  view  of  lawful  men, 
yf;t  nothing  shall  be  removed  until  it  be  fully  known  'if 
h«;  owed  any  thing,  and  his  debts  to  our  Lord  the  King 
shall  be  cleared ;  then,  when  the  whole  of  the  King's 
debts  are  paid,  the  remainder  shall  be  given  up  to  his 
executors,  to  do  according  to  the  will  of  the  deceased ; 
and  if  he  should  not  owe  any  thing  to  the  King,  all  the 
goods  of  the  deceased  shall  be  restored. 

XVI.  (27)  If  any  Free-man  shall  die  intestate,  his 
goods  shall  be  distributed  by  his  nearest  of  kindred  and 
his  friends,  and  by  the  view  of  the  Church. 

XVII.  (8)  No  Widow  shall  be  obliged  to  marry 
while  she  is  willing  to  live  without  an  husband ;  so  that 
she  will  give  security  that  she  will  not  marry  without  the 


58  Fundamentals  of  American  Government 

consent  of  the  King,  if  she  hold  of  the  King,  or  that  of 
the  Lord  of  whom  she  does  hold. 

XVIII.  (28)  No  Constable  nor  other  Officer  shall 
take  corn  or  other  goods,  unless  he  shall  presently  render 
payment ;  or  unless  he  can  have  respite  by  the  will  of  the 
seller. 

XIX.  (29)  No  Constable  can  distrain  any  Knight  to 
give  money  for  Castle-guard,  if  he  be  willing  to  keep  it 
in  his  own  Person,  or  by  any  other  true  man,  if  he  shall 
not  be  able  to  do  so  by  any  reasonable  cause;  and  if  the 
King  shall  have  sent  him  into  the  Army,  he  shall  be  free 
from  Castle-guard  for  that  space  of  time. 

XX.  (30)  No  Sheriff  nor  Bailiff  of  the  King  nor  any 
other,  shall  take  horses  or  carts  of  any  Free-man,  for 
carriage,  unless  it  be  by  his  own  will. 

XXI.  (31)  Neither  the  King  nor  his  Bailiffs  shall 
take  another  man's  timber  for  castles  or  for  any  other 
uses,  unless  it  be  by  the  will  of  him  to  whom  the  timber 
was  belonging. 

XXII.  (23)  The  King  shall  not  hold  the  lands  of 
them  that  have  been  convicted  of  felony,  more  than  one 
year  and  one  day,  and  then  he  shall  give  them  up  to  the 
Lord  of  the  fee. 

XXIII.  (33)  That  all  Wears  for  the  time  to  come 
shall  be  destroyed  in  the  Rivers  of  Thames  and  Medway, 
and  throughout  all  England. 

XXIV.  (34)  No  Writ  called  Precipe,  shall  for  the 
future  be  granted  to  any  one  of  any  tenement,  whereby 
a  Free-man  may  lose  his  cause. 

XXV.  (52)  If  any  one  have  been  dispossessed  or 
deprived  by  the  King  without  judgment  of  his  lands, 
his  liberties,  or  his  rights,  they  shall  immediately  be 
restored;  and  if  any  contention  should  arise  upon  that 
subject,  then  shall  it  be  decided  by  the  judgment  of 
twenty-five  Barons;  and  that  those  who  were  disseised 


Magna  Charta.  59 

by  the  Kings  our  Father  or  our  Brother,  shall  have  right 
without  delay,  according  to  the  judgment  of  their  Peers 
in  the  King's  Courts;  and  if  the  King  oweth  any  thing 
he  shall  have  until  the  common  term  of  the  Crusaders, 
and  then  the  Archbishop  and  Bishops  shall  cause  justice 
to  be  done,  and  a  certain  day  to  be  named  for  the  debt 
being  cleared. 

XXVI.  (36)  Not  any  thing  shall  be  given  for  a  Writ 
of  Inquisition  of  life  or  limb,  but  it  shall  be  granted 
freely,  without  price,  and  not  be  denied. 

XXVII.  (37)  If  any  hold  of  the  King  by  Fee-farm, 
by  Socage,  or  by  Burgage,  and  of  another  by  Knight's- 
service,  our  Lord  the  King  shall  not  have  the  custody 
of  the  other's  Knight's-Fee,  by  reason  of  the  Socage  or 
Burgage  nor  will  We  hold  the  custody  of  the  Burgage, 
Socage,  or  Fee-farm; — and  that  a  Free-man  shall  not 
loose  his  Knight's-fee  by  reason  of  Petit-Sergeantry, 
such  as  of  them  that  hold  another  tenement  by  giving 
for  it  knives,  arrows,  or  the  like. 

XXVIII.  (38)  No  Bailiff  can  put  any  one  to  his  Law 
upon  his  single  accusation,  without  sufficient  witnesses. 

XXIX.  (39)  No  Free-man's  body  shall  be  taken,  nor 
imprisoned,  nor  disseised,  nor  outlawed,  nor  banished, 
nor  in  any  ways  be  damaged,  nor  shall  the  King  send 
him  to  prison  by  force,  excepting  by  the  judgment  of 
his  Peers  and  by  the  Law  of  the  land. 

XXX.  (40)  No  right  shall  be  sold,  delayed,  or 
denied. 

XXXI.  (41)  That  Merchants  shall  have  safety  to  go 
and  come,  buy  and  sell,  without  any  evil  tolls,  but  by 
ancient  and  honest  customs. 

XXXII.  (12)  No  Scutage  nor  aid  shall  be  imposed 
on  the  Kingdom,  excepting  by  the  Common  Council  of 
the  Kingdom ;  unless  it  be  to  redeem  the  King's  body, 
to  make  his  eldest  son  a  Knight,  and  once  to  marry  his 


6o  Fundamentals  of  American  Government. 

eldest  daughter;  and  that  to  be  a  reasonable  aid: — and 
in  like  manner  shall  it  be  concerning  the  Taillage  and 
aids  of  the  City  of  London;  and  of  other  Cities,  which 
from  this  time  shall  have  their  liberties;  and  that  the 
City  of  London  shall  fully  have  all  its  liberties  and  free 
customs,  as  well  by  water  as  by  land. 

XXXIIL  (42)  That  it  shall  be  lawful  for  any  one 
to  go  out  of  the  Kingdom  and  return  again,  saving  his 
allegiance  to  our  Lord  the  King,  unless  in  time  of  war, 
by  some  short  space  for  the  common  benefit  of  the 
Kingdom. 

XXXIV.  (10)  If  any  one  have  borrowed  any  thing 
of  the  Jews,  more  or  less,  and  shall  die  before  they  have 
cleared  that  debt,  there  shall  be  no  interest  paid  for  that 
debt  so  long  as  the  Heir  is  under  age,  of  whomsoever  he 
may  hold;  and  if  the  debt  shall  fall  into  the  King's 
hands,  the  King  shall  take  only  the  chattel  which  is 
contained  in  the  Charter. 

XXXV.  (11)  If  any  one  die  indebted  to  the  Jews, 
his  Wife  shall  have  her  Dower ;  and  if  he  shall  have  left 
children,  they  shall  have  necessaries  provided  for  them 
according  to  his  tenement,  and  out  of  the  residue  the 
debt  shall  be  paid,  saving  the  service  of  the  Lords.  (5) 
In  like  manner  shall  it  be  with  other  debts,  and  that 
guardians  of  land  shall  give  to  the  Heir  when  he  shall 
come  to  full  age,  his  land  stocked  according  to  what  the 
same  can  reasonably  bear,  and  the  land  shall  require, 
with  ploughs  and  carriages. 

XXXVI.  (43)  If  any  man  hold  of  us  any  Escheat, 
such  as  the  Honour  of  Wallingford,  Nottingham,  Bo- 
logne,  or  Lancaster,  or  of  any  other  Escheats  which  are 
in  the  King's  hands  and  are  Baronies,  and  dies,  his  Heir 
shall  not  give  any  other  Relief  nor  do  to  the  King  any 
other  service  than  he  would  do  to  the  Baron;  and  that 


Magna  Charta.  5i 

the  King  shall  hold  it  in  the  same  manner  as  if  the  Baron 
held  it. 

XXXVII.  (55)  That  Fines  which  are  made  for 
Dowers,  the  Marriages  of  Heirs,  and  unjust  amercia- 
ments against  the  Law  of  the  land,  shall  be  either  en- 
tirely forgiven,  or  else  left  to  be  decided  by  the  judg- 
ment of  the  twenty-five  Barons,  or  by  the  decision  of 
the  greater  part  of  them,  with  one  Archbishop  and  others 
whom  he  shall  be  willing  to  call  with  him.;  but  so,  that 
if  any  one  or  any  of  the  twenty-five  shall  be  concerned 
in  the  cause,  they  shall  be  removed,  and  others  be  sub- 
stituted in  their  places  by  the  remainder  of  the  twenty- 
five. 

XXXVIII.  (49)  That  the  Hostages  and  engage- 
ments which  were  given  to  the  King  as  security  shall 
be  delivered  up. 

XXXIX.  (44)  That  they  who  dwell  without  the 
Forest  shall  not  appear  before  the  Justiciaries  of  the 
Forests  upon  a  common  summons,  unless  they  are  im- 
pleaded or  are  securities;  (48)  and  that  irregular  cus- 
toms of  Forests  and  of  Foresters,  and  Warrenners,  and 
Sheriffs,  and  Keepers  of  Rivers,  shall  be  amended  by 
twelve  Knights  of  the  same  Shire,  who  ought  to  be 
elected  by  true  men  of  the  same  Shire. 

XL.  (50)  That  the  King  shall  remove  from  his 
Bailiwicks  the  relations  and  all  the  followers  of  Gerard 
de  Athyes,  so  that  for  the  future  they  shall  not  hold  a 
Bailiwick;  they  are  namely,  Engelard,  Andrew,  Peter, 
and  Gyon  de  Chancell,  Gyon  de  Cygony,  Matthew  de 
Martin,  and  his  brother,  and  Walter,  his  nephew,  and 
Philip  Mark. 

XLI.  (51)  That  the  King  shall  remove  all  Foreign 
Knights,  Stipendiaries,  Crossbowmen,  Infringers,  and 
Servitors  who  came  with  horses  and  arms  to  the  injury 
of  the  kingdom. 


62  Fundamentals  of  Americati  Government. 

XLII.  (45)  That  the  King  shall  make  Justiciaries, 
Sheriffs,  and  Bailiffs  of  such  as  know  the  Law  of  the 
Land,  and  are  disposed  duly  to  observe  it. 

XLIIL  (46)  That  Barons  who  have  founded  Abbies, 
and  hold  them  by  Charters  from  the  King,  or  by  ancient 
tenure,  shall  have  the  custody  of  them  when  they  shall 
be  vacant. 

XLIV.  (56)  If  the  King  have  diseised  or  dispos- 
sessed the  Welsh  of  lands  or  liberties,  or  other  things 
in  England  or  in  Wales,  they  shall  immediately,  with- 
out plea,  be  restored;  and  if  they  were  disseised  or  dis- 
possessed of  their  English  tenements  by  the  King's 
father  or  brother,  without  judgment  of  their  Peers,  he 
shall,  without  delay,  do  them  justice  according  to  the 
manner  of  justice  in  England;  for  their  English  tene- 
ments according  to  the  English  Law,  for  their  Welsh 
tenements  according  to  the  Law  of  Wales,  and  for  tene- 
ments in  the  Marches  according  to  the  Law  of  the 
Marches ;  the  same  shall  the  Welsh  do  to  the  King  and 
to  his  subjects. 

XLV.  (58)  That  the  King  shall  give  up  the  son  of 
Llewellin ;  and  moreover  all  the  Hostages  of  Wales,  and 
the  engagements  which  they  have  entered  into  for  the 
security  of  the  peace. 

XLVL  (59)  That  the  King  shall  treat  with  the  King 
of  Scots,  on  the  restoring  of  his  Hostages,  and  his  rights 
and  liberties,  according  to  the  same  form  as  he  shall  do 
with  the  Barons  of  England,  unless  it  ought  to  be  other- 
wise by  the  engagements  which  the  King  hath  entered 
into,  and  this  shall  be  decided  by  the  judgment  of  the 
Archbishop,  and  others,  whom  he  shall  think  proper  to 
call  with  him. 

XLVIL  (47)  And  all  Forests  which  have  been  af- 
forested by  the  King  in  his  time,  shall  be  disforested, 


Magna  Charta.  5^ 

and  the  same  shall  be  done  with  rivers  which  have  been 
fenced  by  the  King  himself. 

XLVIII.  (60)  All  the  aforesaid  customs  and  liberties 
which  the  King  hath  conceded  aire  to  be  holden  in  the 
Kingdom,  as  much  as  belongs  to  him;  therefore  all  his 
subjects  of  the  realm,  as  well  Ecclesiastics  as  Laity,  shall 
observe  them,  inasmuch  as  they  are  concerned,  from 
themselves  towards  their  dependants. 

XLIX.  (61)  This  is  the  form  of  security  for  the 
observance  of  the  peace  and  liberties  between  the  King 
and  the  Kingdom.  That  the  Barons  may  elect  twenty- 
five  Barons  of  the  Kingdom,  whom  they  will,  who  shall 
take  care  with  all  their  might  to  hold  and  observe,  and 
cause  to  be  observed,  the  peace  and  liberties  which  our 
Lord  the  King  hath  conceded,  and  by  his  Charter  hath 
confirmed;  so  that,  namely,  if  the  King  or  the  Justiciaries 
or  Bailififs  of  the  King,  or  any  of  his  Ministers  shall  in 
any  case  fail  in  the  performance  of  them  towards  any 
person,  or  shall  break  through  these  Articles  of  peace 
and  security,  and  the  offense  be  notified  to  four  Barons 
of  the  aforesaid  five  and  twenty,  they,  the  four  Barons, 
shall  go  to  our  Lord  the  King,  or  to  his  Justiciary,,  if 
the  King  shall  be  out  of  the  Kingdom,  and,  laying  open 
the  grievance,  shall  petition  to  have  it  redressed  with- 
out delay;  and  if  the  King  shall  not  amend  it,  or  his 
Justiciary  shall  not  amend  it  for  him,  if  the  King  shall 
be  out  of  the  Kingdom,  within  a  reasonable  time,  de- 
termined upon  in  the  aforesaid  Charter, — the  four 
Barons  shall  refer  the  case  to  the  remainder  of  the 
twenty-five,  and  they,  the  twenty-five,  with  the  whole 
community  of  the  land,  shall  distrain  and  distress  the 
King  by  all  the  means  which  they  can;  that  is  to  say, 
by  taking  his  Castles,  Lands,  Possessions,  and  in  every 
other  manner  which  they  can,  until  amendment  shall  be 
made  according  to  their  decision,  saving  the  persons  of 


64  Fundamentals  of  American  Government. 

the  King  and  Queen  and  of  their  children,  and  when 
the  grievance  shall  be  redressed,  they  shall  obey  our 
Lord  the  King  as  before;  and  whosoever  of  the  King- 
dom is  willing,  may  swear  to  obey  the  orders  of  the 
aforesaid  five  and  twenty  Barons,  and  harrass  the  King 
with  them  to  the  extent  of  his  power,  and  the  King  shall 
give  public  and  free  leave  to  any  to  swear  io  them  that 
are  willing  to  swear ;  and  he  shall  not  prohibit  any  from 
swearing;  also,  all  those  of  the  land  who  of  themselves 
and  of  their  own  accord  will  not  swear  to  join  with  the 
five  and  twenty  Barons,  to  distrain  and  distress  the 
King,  the  King  shall  make  them  swear  to  the  same  such 
as  is  aforesaid,  by  his  command.  Also,  if  any  of  the 
aforesaid  five  and  twenty  Barons  shall  die  or  remove 
from  the  land,  or  by  any  other  way  be  prevented  from 
putting  the  things  aforesaid  into  execution,  the  five  and 
twenty  may  elect  another  in  his  place,  by  their  own 
decision,  who  shall  be  sworn  in  a  similar  way  with  the 
rest.  Also  in  all  things  that  are  committed  to  the  charge 
of  these  five  and  twenty  Barons,  if,  when  they  be  all 
assembled,  and  between  themselves  they  should  disagree 
upon  anything,  or  some  of  them  when  called  cannot  or 
will  not  come,  whatever  be  agreed  upon  by  the  greater 
part,  shall  be  as  firm  and  valid  as  if  all  the  five  and 
twenty  had  given  their  consent;  and  the  aforesaid  five 
and  twenty  shall  swear  that  all  the  aforesaid  they  will 
faithfully  observe,  and  will  cause  to  be  observed,  with 
their  whole  power.  (63)  Moreover,  the  King  shall 
make  them  secure  by  the  engagements  of  the  Arch- 
bishops and  Bishops,  and  of  Master  Pandulph,  that  he 
will  not  procure  from  our  Lord  the  Pope  any  thing  by 
which  any  part  of  this  Covenant  shall  be  revoked  or 
lessened,  and  if  any  such  thing  be  obtained,  let  it  be  con- 
sidered as  null  and  void. 


Magna  Charta.  65 

MAGNA  CHARTA, 

OR 

THE  GREAT  CHARTER  OF  KING  JOHN, 

Granted  June  15TH,  a.  d.  12 15. 
IN  THE  Seventeenth  Year  of  His  Reign. 

{Translated  from  the  original,  preserved  in  the  archives 
of  Lincoln  Cathedral.) 

[Note. — The  original  is  not  in  paragraphs.  For  convenience  of 
reference  the  charter  is  here  presented  in  paragraphs,  to  each  of 
which  I  have  prefixed  a  title.     C.  Z.  L.] 

[Introduction.] — John,  by  the  Grace  of  God,  King 
of  England,  Lord  of  Ireland,  Duke  of  Normandy  and 
Aqnitaine,  and  Earl  of  Anjou,  to  his  Archbishops, 
Bishops,  Abbots,  Earls,  Barons,  Justiciaries,  Foresters, 
Sheriffs,  Governors,  Officers,  and  to  all  Bailiffs,  and  his 
faithful  subjects, — Greeting.  Know  ye,  that  We,  in  the 
presence  of  God,  and  for  the  salvation  of  our  own  soul, 
and  of  the  souls  of  all  our  ancestors,  and  of  our  heirs, 
to  the  honour  of  God,  and  the  exaltation  of  the  Holy 
Church  and  amendment  of  our  Kingdom,  by  the  counsel 
of  our  venerable  fathers,  Stephen,  Archbishop  of  Can- 
terbury, Primate  of  all  England,  and  Cardinal  of  the 
Holy  Roman  Church,  Henry,  Archbishop  of  Dublin, 
William  of  London,  Peter  of  Winchester,  Joceline  of 
Bath  and  Glastonbury,  Hugh  of  Lincoln,  Walter  of 
Worcester,  William  of  Coventry,  and  Benedict  of 
Rochester,  Bishops ;  Master  Pandulph,  our  Lord  the 
Pope's  Subdeacon  and  familiar,  Brother  Almeric,  Master 
of  the  Knights-Templars  in  England,  and  of  these  noble 
persons,  William  Mareschal,  Earl  of  Pembroke,  William, 
Earl  of  Salisbury,  William,  Earl  of  Warren,  William, 
Fund,  of  Am.   Gov. — 5. 


66  Fundamentals  of  American  Government. 

Earl  of  Arundel,  Alan  de  Galloway,  Constable  of  Scot- 
land, Warin  Fitz-Gerald,  Hubert  de  Burgh,  Seneschal 
of  Poictou,  Peter  Fitz-Herbert,  Hugh  de  Nevil,  Mat- 
thew Fitz-Herbert,  Thomas  Basset,  Alan  Basset,  Philip 
de  Albiniac,  Robert  de  Roppel,  John  Mareschal,  John 
Fitz-Hugh,  and  others  our  liegemen;  have,  in  the  First 
place,  granted  to  God,  and  by  this  present  Charter,  have 
confirmed,  for  us  and  our  heirs  forever : — 

(I.)  [English  church  to  be  free.] — That  the  Eng- 
lish Church  shall  be  free,  and  shall  have  her  whole  rights 
and  her  liberties  inviolable;  and  w^e  will  this  to  be  ob- 
served in  such  a  manner,  that  it  may  appear  from  thence, 
that  the  freedom  of  elections,  which  was  reputed  most 
requisite  to  the  English  Church,  which  we  granted,  and 
by  our  Charter  confirmed,  and  obtained  the  Confirma- 
tion of  the  same,  from  our  Lord  Pope  Innocent  the 
Third,  before  the  rupture  between  us  and  our  Barons, 
was  of  our  own  free  wmII;  which  Charter  we  shall  ob- 
serve, and  we  will  it  to  be  observed  with  good  faith,  by 
our  heirs  forever. 

(H.)  [Liberties  granted.] — We  have  also  granted 
to  all  the  Freemen  of  our  Kingdom,  for  us  and  our 
heirs  for  ever,  all  the  underwritten  Liberties,  to  be 
enjoyed  and  held  by  them  and  by  their  heirs,  from  us 
and  from  our  heirs. 

(H.i)  [Relief  of  heirs  under  military  service.] — 
If  any  of  our  Earls  or  Barons,  or  others  who  hold  of 
us  in  chief  by  military  service,  shall  die,  and  at  his  death 
his  heir  shall  be  of  full  age,  and  shall  owe  a  relief,  he 
shall  have  his  inheritance  by  the  ancient  relief;  that  is 
to  say,  the  heir  or  heirs  of  an  Earl,  a  whole  Earl's 
Barony  for  one  hundred  pounds;  the  heir  or  heirs  of  a 
Baron  for  a  whole  Barony,  by  one  hundred  pounds ;  the 
heir  or  heirs  of  a  Knight,  for  a  whole  Knight's  Fee,  by 


Magna  Chart  a.  67 

one  hundred  shillings  at  most;  and  he  who  owes  less 
shall  give  less,  according  to  the  ancient  custom  of  fees. 

(III. 2)  [Relief  for  minors  or  wards.] — But  if  the 
heir  of  any  such  be  under  age,  and  in  wardship,  when 
he  comes  to  age  he  shall  have  his  inheritance  without 
relief  and  without  fine. 

(IV.3)  [Warden's  duties  over  minor's  lands  regu- 
lated.]— The  warden  of  the  land  of  such  heir  who 
shall  be  under  age  shall  not  take  from  the  lands  of  the 
heir  any  but  reasonable  issues,  and  reasonable  customs, 
and  reasonable  services,  and  that  without  destruction 
and  waste  of  the  men  or  goods;  and  if  we  commit  the 
custody  of  any  such  lands  to  a  Sheriff,  or  any  other 
person  who  is  bound  to  us  for  the  issues  of  them,  and 
he  shall  make  destruction  or  waste  upon  the  ward-lands, 
we  will  recover  damages  from  him,  and  the  lands  shall 
be  committed  to  two  lawful  and  discreet  men  of  that 
fee,  who  shall  answer  for  the  issues  to  us,  or  to  him  ta 
whom  we  have  assigned  them.  And  if  we  shall  give 
or  sell  to  any  one  the  custody  of  any  such  lands,  and 
he  shall  make  destruction  or  waste  upon  them,  he  shall 
lose  the  custody;  and  it  shall  be  committed  to  two  law- 
ful and  discreet  men  of  that  fee,  who  shall  answer  to'  us 
in  like  manner  as  it  is  said  before. 

(V.)  [Warden  to  maintain  property.] — But  the 
warden,  as  long  as  he  hath  the  custody  of  the  lands, 
shall  keep  up  and  maintain  the  houses,  parks,  warrens, 
ponds,  mills,  and  other  things  belonging  to  them,  out  of 
their  issues;  (35)  and  shall  restore  to  the  heir  when  he 
comes  of  full  age,  his  whole  estate,  provided  with 
ploughs  and  other  implements  of  husbandry,  according 
as  the  time  of  Wainage  shall  require,  and  the  issues  of 
the  lands  can  reasonably  afford. 

(VI. 3)  [Marriage  of  heirs.] — Heirs  shall  be  mar- 
ried without  disparagement,  so  that  before  the  marriage 


68  Fundamentals  of  American  Government. 

be  contracted,  it  shall  be  notified  to  the  relations  of  the 
heir  by  consanguinity. 

(VII.4.)  [Widow's  dower.] — A  widow,  after  the 
death  of  her  husband,  shall  immediately,  and  without 
difficulty,  have  her  marriage  and  her  inheritance;  nor 
shall  she  give  anything  for  her  dower,  or  for  her  mar- 
riage, or  for  her  inheritance,  which  her  husband  and 
she  held  at  the  day  of  his  death ;  and  she  may  remain 
in  her  husband's  house  forty  days  after  his  death,  within 
which  time  her  dower  shall  be  assigned. 

(VIII.  1 7.)  [Widow's  remarriage.] — No  widow  shall 
be  distrained  to  marry  herself,  while  she  is  willing 
to  live  without  a  husband ;  but  yet  she  shall  give  security 
that  she  will  not  marry  herself  without  our  consent,  if 
she  hold  of  us,  or  without  the  consent  of  the  lord  of 
whom  she  does  hold,  if  she  hold  of  another. 

(IX. 5)  [Debtor's  privileges;  surety's  rights.] — 
Neither  we  nor  our  Bailiffs  will  seize  any  land  or  rent 
for  any  debt,  while  the  chattels  of  the  debtor  are  suffi- 
cient for  the  payment  of  the  debt;  nor  shall  the  sureties 
of  the  debtor  be  distrained,  while  the  principal  debtor 
is  able  to  pay  the  debt ;  and  if  the  principal  debtor  fail 
in  payment  of  the  debt,  not  having  wherewith  to 
discharge  it,  the  sureties  shall  answer  for  the  debt;  and 
if  they  be  willing,  they  shall  have  the  lands  and  rents 
of  the  debtor,  until  satisfaction  be  made  to  them  for 
the  debt  which  they  had  before  paid  for  him,  unless  the 
principal  debtor  can  shew  himself  acquitted  thereof 
against  the  said  sureties. 

(X.34)  [Debts  to  Jews.] — If  any  one  hath  bor- 
rowed any  thing  from  the  Jews,  more  or  less,  and  die 
before  that  debt  be  paid,  the  debt  shall  pay  no  interest 
so  long  as  the  heir  shall  be  under  age,  of  whomsoever 
he  may  hold;  and  if  that  debt  shall  fall  into  our  hands, 


Magna  Charta.  69« 

we  will  not  take  any  thing  except  the  chattel  contained 
in  the  bond. 

(  X 1 . 3  5 )  [  Do wress  preferred  to  Jewish  creditor.  ] — 
And  if  any  one  shall  die  indebted  to  the  Jews,  his  wife 
shall  have  her  dower  and  shall  pay  nothing  of  that  debt ; 
and  if  children  of  the  deceased  shall  remain  who  are 
under  age,  necessaries  shall  be  provided  for  them,  ac- 
cording to  the  tenement  which  belonged  to  the  deceased ; 
and  out  of  the  residue  the  debt  shall  be  paid,  saving  the 
rights  of  the  lords  {of  zvhom  the  lands  are  held).  In 
like  manner  let  it  be  with  debts  owing  to  others  than 
Jews. 

(XIL32)  [Aids  and  scutages  regulated.] — No  scu- 
tage  nor  aid  shall  be  imposed  in  our  kingdom,  unless 
by  the  common  council  of  our  kingdom;  excepting  to 
redeem  our  person,  to  make  our  eldest  son  a  knight,  and 
once  to  marry  our  eldest  daughter,  and  not  for  these, 
unless  a  reasonable  aid  shall  be  demanded. 

(XIII.)  [Municipal  liberties  guaranteed.] — In  like 
manner  let  it  be  concerning  the  aids  of  the  City  of  Lon- 
don. And  the  City  of  London  should  have  all  it's  an- 
cient liberties,  and  it's  free  customs,  as  well  by  land  as 
by  water.  Furthermore,  we  will  and  grant  that  all 
other  Cities,  and  Burghs,  and  Towns,  and  Ports,  should 
have  all  their  liberties  and  free  customs. 

(XIV.)  [Council  for  aids  and  scutages  to  be  sum- 
moned.]— And  also  to  have  the  common  council  of 
the  kingdom,  to  assess  and  aid,  otherwise  than  in  the 
three  cases  aforesaid;  and  for  the  assessing  of  scutages, 
we  will  cause  to  be  summoned  the  Archbishops,  Bishops, 
Abbotts,  Earls,  and  great  Barons,  individually,  by  our 
letters.  And  besides,  we  will  cause  to  be  summoned  in 
general  by  our  Sheriffs  and  Bailiffs,  all  those  who  hold 
of  us  in  chief,  at  a  certain  day,  that  is  to  say  at  the 
distance  of  forty  days,    {before  iheir  meeting,)   at  the 


70  Fundamentals  of  American  Government, 

least,  and  to  a  certain  place;  and  in  all  the  letters  of 
summons,  we  will  express  the  cause  of  the  summons; 
and  the  summons  being  thus  made,  the  business  shall 
proceed  on  the  day  appointed,  according  to  the  counsel 
of  those  who  shall  be  present,  although  all  who  had  been 
summoned  have  not  come. 

(XV. 6)  [Aids  from  freemen  regulated.] — We  will 
not  give  leave  to  any  one,  for  the  future,  to  take  an  aid 
of  his  own  free-men,  except  for  redeeming  his  own  body, 
and  for  making  his  eldest  son  a  knight,  and  for  marry- 
ing once  his  eldest  daughter;  and  not  that  unless  it  be 
a  reasonable  aid. 

(XVI. 7)  [Knight  service  regulated.] — None  shall 
be  distrained  to  do  more  service  for  a  Knight's-Fee,  nor 
for  any  other  free  tenement,  than  what  is  due  from 
thence. 

(XVII. 8)  [Common  pleas  not  to  follow  King's 
court.] — Common  Pleas  shall  not  follow  our  court, 
but  shall  be  held  in  any  certain  place. 

(XVIII.)  [Certain  judicial  proceedings  regulated.] 
— Trials  upon  the  Writs  of  Novel  Disseisin,  of 
Mart  d'Ancestre  (death  of  the  ancestor),  and  Darrein 
Presentment  (last  presentation),  shall  not  be  taken  but 
in  their  proper  counties,  and  in  this  manner:  We,  or 
our  Chief  Justiciary,  if  we  are  out  of  the  kingdom,  will 
send  two  Justiciaries  into  each  county,  four  times  in 
the  year,  who,  with  four  knights  of  each  county,  chosen 
by  the  county,  shall  hold  the  aforesaid  assizes,  within 
the  county,  on  the  day,  and  at  the  place  appointed. 

(XIX. 13)  [Assizes  must  hear  all  causes.] — And  if 
the  aforesaid  assizes  cannot  be  taken  on  the  day  of  the 
county-court,  let  as  many  knights  and  freeholders,  of 
those  who  were    present  at  the^  county-court,   remain 


Magna  Charta.  71 

behind,  as  shall  be  sufficient  to  do  justice,  according  to 
the  great  or  less  importance  of  the  business. 

(XX. 9)  [Amerciaments  to  be  reasonable.] — A 
free-man  shall  not  be  amerced  for  a  small  offense,  but 
only  according  to  the  degree  of  the  offence;  and  for  a 
great  delinquency,  according  to  the  magnitude  of  the 
delinquency,  saving  his  contenement;  a  Merchant  shall 
be  amerced  in  the  same  manner,  saving  his  merchandise, 
and  a  villain  shall  be  amerced  after  the  same  manner, 
saving  to  him  his  Wainage,  if  he  shall  fall  into  our 
mercy;  and  none  of  the  aforesaid  amerciaments  shall  be 
assessed,  but  by  the  oath  of  honest  men  of  the  vicinage. 
(XXI.)  [Amerciament  of  Barons  and  Earls.] — 
Earls  and  Barons  shall  not  be  amerced  but  by  their 
Peers,  and  that  only  according  to  the  degree  of  their 
delinquency. 

(XXII.  10)  [Amerciament  of  clerks.] — No  Clerk 
shall  be  amerced  for  his  lay-tenement,  but  according  to 
the  manner  of  the  others  as  aforesaid,  and  not  according 
to  the  quantity  of  his  ecclesiastical  benefice. 

( XXI I  I.I  I )  [No  distraint  for  new  bridges  or  em- 
bankments.]— Neither  a  town  nor  any  person  shall 
be  distrained  to  build  bridges  or  embankments,  except- 
ing those  which  anciently,  and  of  right,  are  bound  to 
do  it. 

(XXIV.  1 4)  [Crown  pleas  not  to  be  held  by  certain 
officers.] — No  Sheriff,  Constable,  Coroners,  nor  other 
of  our  Bailiffs,  shall  hold  pleas  of  our  crown. 

(XXV.)  [Certain  ancient  rents  preserved.] — All 
Counties,  and  Hundreds,  Trethings,  and  Wapentakes, 
shall  be  at  the  ancient  rent,  without  any  increase,  ex- 
cepting in  our  Demesne-manors. 

(XXVI. 1 5)  [Crown  debts  preferred  against  de- 
ceased holder  of  lay-fee.] — If  any  one  holding  of  us  a 
lay-fee  dies,  and  the  Sheriff  or  our  Bailiff  shall  show  our 


72  Fiiiidaineiitals  of  American  Government. 

letters-patent  of  summons  concerning  the  debt  whrch 
the  defunct  owed  to  us,  it  shall  be  lawful  for  the  Sheriff 
or  our  Bailiff  to  attach  and  register  the  chattels  of  the 
defunct  found  on  that  lay-fee,  to  the  amount  of  that 
debt,  by  the  view  of  lawful  men,  so  that  nothing  shall 
be  removed  from  thence  until  our  debt  be  paid  to  us; 
and  the  rest  shall  be  left  to  the  executors  to  fulfil  the 
will  of  the  defunct;  and  if  nothing  be  owing  to  us  by 
him,  all  the  chattels  shall  fall  to  the  defunct,  saving  to 
his  wife  and  children  their  reasonable  shares. 

(XXVII. i6)  [Distribution  of  intestate  freeman's 
estate.] — If  any  free-man  shall  die  intestate,  his  chat- 
tels shall  be  distributed  by  the  hands  of  his  nearest  rela- 
tions and  friends,  by  the  view  of  the  Church,  saving  to 
every  one  the  debts  v/hich  the  defunct  owed. 

(XXVIII.  i8)  [Taking  personal  property  by  certain 
officers  regulated.] — No  Constable  nor  other  Bailiff 
of  ours  shall  take  the  corn  or  other  goods  of  any  one, 
without  instantly  paying  money  for  them,  unless  he  can 
obtain  respite  from  the  free  will  of  the  seller. 

(XXIX.  19)  [Castle-guard  regulated.]— No  Con- 
stable {Governor  of  a  Castle)  shall  distrain  any  Kniqht 
to  give  money  for  castle-guard,  if  he  be  willing  to  per- 
form it  in  his  own  person,  or  by  another  able  man,  if 
he  cannot  perform  it  himself,  for  a  reasonable  cause; 
and  if  we  have  carried  or  sent  him  into  the  army,  he 
shall  be  excused  from  castle-guard,  according  to  the 
time  that  he  shall  be  in  the  army  by  our  command. 

(XXX. 20)  [Freeman's  carts  or  horses  not  to  be 
taken  without  his  consent.] — No  Sheriff  nor  Bailiff  of 
ours,  nor  any  other  person  shall  take  the  horses  or  carts 
of  any  free-man,  for  the  purpose  of  carriage,  without 
the  consent  of  the  said  free-man. 

(XXXI.21)  [Wood  not  to  be  taken  without  own- 
er's consent.] — Neither  we,  nor  our  Bailiff's,  will  take 


Magna  Chart  a.  73 

another  man's  wood,  for  our  castles  or  other  uses, 
unless  by  the  consent  of  him  to  whom  the  wood  be- 
longs. 

(XXXII.22)  [Convicts'  lands.]— We  will  not  re- 
tain the  lands  of  those  who  have  been  convicted  of  felony, 
excepting  for  one  year  and  one  day,  and  then  they  shall 
be  given  up  to  the  lord  of  the  fee. 

(XXXIII. 23)  [Dams  to  be  removed  from  naviga- 
ble streams.] — All  kydells  (zvears)  for  the  future  shall 
be  quite  removed  out  of  the  Thames,  and  the  Medway, 
and  through  all  England,  excepting  upon  the  sea-coast. 

(XXXIV.24)  [Praecipe  against  freemen  regulat- 
ed.]— The  writ  which  is  called  Prcecipe,  for  the  future 
shall  not  be  granted  to  any  one  of  any  tenement,  by 
which  a  free-man  may  lose  his  court. 

(XXXV.  12)  [Weights  and  measures  to  be  uni- 
form.]— There  shall  be  one  measure  of  wine  through- 
out all  our  kingdom,  and  one  measure  of  ale,  and  one 
measure  of  corn;  namely,  the  quarter  of  London;  and 
one  breadth  of  dyed  cloth,  and  of  russets,  and  of  halber- 
jects ;  namely,  two  ells  within  the  lists.  Also  it  shall  be 
the  same  with  weights  as  with  measures. 

(XXXVI. 26)  [Inquisition  of  life  or  limb  to  be 
free.] — Nothing  shall  be  given  or  taken  for  the  future 
for  the  Writ  of  Inquisition  of  life  or  limb;  but  it  shall 
be  given  without  charge,  and  not  denied. 

(XXXVI  1.27)  [Custody  of  certain  heirs  regulat- 
ed.]— If  any  hold  of  us  by  Fee-Farm,  or  Socage,  or 
Burgage,  and  hold  land  of  another  by  Military  Service, 
we  will  not  have  the  custody  of  the  heir,  nor  of  his  lands, 
which  are  of  the  fee  of  another,  on  account  of  that  Fee- 
Farm,  or  Socage,  or  Burgage;  nor  will  we  have  the 
custody  of  the  Fee-Farm,  Socage,  or  Burgage,  unless 
the  Fee-Farm  owe  Military  Service.  We  will  not  have 
the  custody  of  the  heir,  nor  of    the  lands  of  any  one. 


74 


Fundamentals  of  American  Goz'ernment. 


which  he  holds  of  another  by  Mihtary  Service,  on  ac- 
count of  any  Petty-Sergeantry  which  he  holds  of  us,  by 
the  service  of  giving  us  daggers,  or  arrows,  or  the  like. 

(XXXVin.28)  [Defendant's  rights.]— No  Bailiff, 
for  the  future,  shall  put  any  man  to  his  law,  upon  his 
own  simple  affirmation,  without  credible  witnesses  pro- 
duced for  that  purpose. 

(XXXIX. 29)  [Freemen's  rights  protected.] — No 
freeman  shall  be  seized,  or  imprisoned,  or  dispossessed, 
or  outlawed,  or  in  any  way  destroyed;  nor  will  we  con- 
demn him,  nor  will  we  commit  him  to  prison,  excepting 
by  the  legal  judgment  of  his  peers,  or  by  the  laws  of 
the  land. 

(XL.30)  [Right  and  justice  freely  and  promptly 
given.] — To  none  will  we  sell,  to  none  will  we  deny, 
to  none  will  we  delay,  right  or  justice. 

(XLI.31)  [Foreign  merchants  protected.] — All 
Merchants  shall  have  safety  and  security  in  coming  into 
England,  and  going  out  of  England,  and  in  staying  and 
in  travelling  through  England,  as  well  by  land  as  by 
water,  to  buy  and  sell,  without  any  unjust  exactions, 
according  to  ancient  and  right  customs,  excepting  in  the 
time  of  war,  and  if  they  be  of  a  country  at  war  against 
us;  and  if  such  are  found  in  our  land  at  the  beginning 
of  a  war,  they  shall  be  apprehended  without  injury  of 
their  bodies  and  goods,  until  it  be  known  to  us,  or  to 
our  Chief  Justiciary,  how  the  Merchants  of  our  country 
are  treated  who  are  found  in  the  country  at  war  against 
us;  and  if  ours  be  in  safety  there,  the  others  shall  be  in 
safety  in  our  land, 

(XLII.33)  [Free  travel  permitted,] — It  shall  be 
lawful  to  any  person,  for  the  future,  to  go  out  of  our 
kingdom,  and  to  return,  safely  and  securely,  by  land  or 
by  water,  saving  his  allegiance  to  us,  unless  it  be  in  time 
of  war,  for  some  short  space,  for  the  common  good  of 


Magna  Charta.  75 

the  kingdom ;  excepting-  prisoners  and  outlaws,  accord- 
ing to  the  laws  of  the  land,  and  of  the  people  of  the 
nation  at  war  against  us,  and  Merchants,  who  shall  be 
treated  as  it  is  said  above. 

(XLIII.36)  [Duty  of  heirs  of  escheated  lands.] — 
If  any  hold  of  any  escheat,  as  of  the  Honour  of  Wal- 
lingford,  Nottingham,  Boulogne,  Lancaster,  or  of  other 
escheats  which  are  in  our  land,  and  are  Baronies,  and 
shall  die,  his  heirs  shall  not  give  any  other  relief,  nor 
do  any  other  service  to  us,  than  he  should  have  done  to 
the  Baron,  if  that  Barony  had  been  in  the  hands  of  the 
Baron ;  and  we  will  hold  it  in  the  same  manner  that  the 
Baron  held  it. 

(XLIV.39)  [Jurisdiction  of  forest  courts  limited.] 
— Men  who  dwell  without  the  forest,  shall  not  come, 
for  the  future,  before  our  Justiciaries  of  the  Forest  on 
a  common  summons ;  unless  they  be  parties  in  a  plea, 
or  sureties  for  some  person  or  persons  who  are  attached 
for  the  Forest. 

(XLV.42)  [Officers  to  be  competent.] — We  will 
not  make  Justiciaries,  Constables,  Sheriffs,  or  Bailiffs, 
excepting  of  such  as  know  the  laws  of  the  land,  and  are 
well  disposed  to  observe  them. 

(XLVI.43)  [Custody  of  certain  vacant  abbies.] — 
All  Barons  who  have  founded  Abbies,  which  they  hold 
by  charters  from  the  Kings  of  England,  or  by  ancient 
tenure,  shall  have  the  custody  of  them  when  they  become 
vacant,  as  they  ought  to  have. 

(XLVII.47)  [Certain  forests  and  water-banks  to 
be  abandoned.] — All  Forests  which  have  been  made 
in  our  time,  shall  be  immediately  disforested ;  and  it 
shall  be  done  so  with  Water-banks  which  have  been 
taken  or  fenced  in  by  us  during  our  reign. 

(XL VI 1 1.39)  [Inquiry  concerning  forests  and 
water-banks.] — All  evil  customs  of  Forests  and  War- 


76  Fundamentals  of  American  Government. 

rens,  and  of  Foresters  and  Warreners,  Sheriffs  and 
their  officers.  Water-banks  and  their  keepers,  shall  im- 
mediately be  inquired  into  by  twelve  Knights  of  the 
same  county,  upon  oath,  who  shall  be  elected  by  good 
men  of  the  same  county;  and  within  forty  days  after 
the  inquisition  is  made,  they  shall  be  altogether  de- 
stroyed by  them,  never  to  be  restored;  provided  that 
this  be  notified  to  us  before  it  be  done,  or  to  our  Jus- 
ticiary, if  we  be  not  in  England. 

(XLIX.38)  [Hostages  and  charters  to  be  re- 
stored.]— We  will  immediately  restore  all  hostages 
and  charters,  which  have  been  delivered  to  us  by  the 
English,  in  security  of  the  peace  and  of  their  faithful 
service. 

(L.40)  [Certain  persons  to  be  removed  from  their 
bailiwicks.] — We  will  remove  from  their  bailiwicks 
the  relations  of  Gerard  de  Athyes,  so  that,  for  the  future, 
they  shall  have  no  bailiwick  in  England ;  Engelard  de 
Cygony,  Andrew,  Peter,  and  Gyone  de  Chancell,  Gyone 
de  Cygony,  Geoffrey  de  Martin,  and  his  brothers,  Philip 
Mark,  and  his  brothers,  and  Geoffrey,  his  nephew,  and 
all  their  followers. 

(LI. 41)  [Certain  knights  and  others  to  be  re- 
moved out  of  the  kingdom.] — And  immediately  after 
the  conclusion  of  the  peace,  we  will  remove  out  of  the 
kingdom  all  foreign  knights,  cross-bowmen,  and  stipen- 
diary soldiers,  who  have  come  with  horses  and  arms  to 
the  molestation  of  the  kingdom. 

(LIL25)  [Restoration  of  certain  estates,] — If  any 
have  been  disseised  or  dispossessed  by  us,  without  a 
legal  verdict  of  their  peers,  of  their  lands,  castles,  liber- 
ties, or  rights,  we  will  immediately  restore  these  things 
to  them;  and  if  any  dispute  shall  arise  on  this  head, 
then  it  shall  be  determined  by  the  verdict  of  the  twenty- 
five  Barons,  of  whom  mention  is  made  below,  for  the 


Magna  Charta.  yy 

security  of  the  peace.  Concerning  all  those  things  of 
which  any  one  hath  been  disseised  or  dispossessed,  with- 
out the  legal  verdict  of  his  peers  by  King  Henry  our 
father,  or  King  Richard  our  brother,  which  we  have  in 
our  hand,  or  others  hold  with  our  warrants,  we  shall 
have  respite,  until  the  common  term  of  the  Croisaders, 
excepting  those  concerning  which  a  plea  had  been  moved, 
or  an  inquisition  taken,  by  our  precept,  before  taking 
the  Cross;  but  as  soon  as  we  shall  return  from  our  ex- 
pedition, or  if,  by  chance,  Ave  should  not  go  upon  our 
expedition,  we  will  immediately  do  complete  justice 
therein. 

(LIII.)  [Provisions  concerning  certain  forests, 
wardships,  and  abbies.] — The  same  respite  will  we 
have,  and  the  same  justice  shall  be  done,  concerning  the 
disforestation  of  the  forests,  or  the  forests  which  remain 
to  be  disforested,  which  Henry  our  father,  or  Richard 
our  brother,  have  afforested;  and  the  same  concerning 
the  wardship  of  lands  which  are  in  another's  fee,  but 
the  wardship  of  which  we  have  hitherto  had,  occasioned 
by  any  of  our  fees  held  by  Military  Service;  and  for 
Abbies  founded  in  any  other  fee  than  our  own,  in  which 
the  Lord  of  the  fee  hath  claimed  a  right ;  and  when  we 
shall  have  returned,  or  if  we  shall  stay  from  our  ex- 
pedition, we  shall  immediately  do  complete  justice  in  all 
these  pleas. 

(LIV.)  [Woman's  right  of  appeal  limited.] — No 
man  shall  be  apprehended  or  imprisoned  on  the  appeal  of 
a  woman,  for  the  death  of  any  other  man  than  her  hus- 
band. 

(LV.37)  [Unjust  fines  and  amerciaments  to  be  re- 
mitted.]— All  fines  that  have  been  made  by  us  un- 
justly, or  contrary  to  the  laws  of  the  land ;  and  all 
amerciaments  that  have  been  imposed  unjustly,  or  con- 
trary to  the  laws  of  the  land,  shall  be  wholly  remitted. 


yS  Fundamentals  of  American  Government. 

or  ordered  by  the  verdict  of  the  twenty-five  Barons,  of 
whom  mention  is  made  below,  for  the  security  of  the 
peace,  or  by  the  verdict  of  the  greater  part  of  them, 
together  with  the  aforesaid  Stephen,  Archbishop  of 
Canterbury,  if  he  can  be  present,  and  others  whom 
he  may  think  fit  to  bring  with  him ;  and  if  he  cannot  be 
present,  the  business  shall  proceed,  notwithstanding, 
without  him;  but  so,  that  if  any  one  or  more  of  the 
aforesaid  twenty-five  Barons  have  a  similar  plea,  let  them 
be  removed  from  that  particular  trial,  and  others,  elected 
and  sworn  by  the  residue  of  the  same  twenty-five,  be 
substituted  in  their  room,  only  for  that  trial. 

(LVI.44)  [Welshmen's  rights  to  be  restored.]  — 
If  we  have  disseissed  or  dispossessed  any  Welshmen  of 
their  lands,  or  liberties,  or  other  things,  without  a  legal 
verdict  of  their  peers,  in  England  or  in  Wales,  they 
shall  be  immediately  restored  to  them;  and  if  any  dis- 
pute shall  arise  upon  this  head,  then  let  it  be  determined 
in  the  Marches  by  the  verdict  of  their  peers;  for  a 
tenement  of  England,  according  to  the  law  of  England ; 
for  a  tenement  of  Wales,  according  to  the  law  of  Wales ; 
for  a  tenement  of  the  Marches,  according  to  the  law  of 
the  Marches.  The  Welsh  shall  do  the  same  to  us  and 
to  our  subjects. 

(LVII.)  [Restoration  of  Welsh  property  taken  by 
former  Kings.] — Also  concerning  those  things  of 
which  any  Welsh-man  hath  been  disseised  or  dispossessed 
without  the  legal  verdict  of  his  peers,  by  King  Henry 
our  father,  or  King  Richard  our  brother,  which  we  have 
in  our  hand,  or  others  hold  with  our  •  warrant,  we  shall 
have  respite,  until  the  common  term  of  the  Croisaders, 
excepting  for  those  concerning  which  a  plea  had  been 
moved,  or  an  inquisition  made,  by  our  precept,  before 
our  taking  the  Cross.  But  as  soon  as  we  shall  return 
from  our  expedition,  or  if,  by  chance,  we  should  not 


Magna  Charta.  79 

go  upon  our  expedition,  we  shall  immediately  do  com- 
plete justice  therein,  according  to  the  laws  of  Wales, 
and  the  parts  aforesaid. 

(LVIII.45)  [Certain  hostages  to  be  released.] — 
We  will  immediately  deliver  up  the  son  of  Llewelin, 
and  all  the  hostages  of  Wales,  and  release  them  from 
their  engagements  which  were  made  with  us,  for  the 
security  of  the  peace. 

(LIX.46)  [Scotch  King's  rights  to  be  restored.] — 
We  shall  do  to  Alexander,  King  of  Scotland,  concern- 
ing the  restoration  of  his  sisters  and  hostages,  and  his 
liberties  and  rights,  according  to  the  form  in  which  we 
act  to  our  other  Barons  of  England,  unless  it  ought  to 
be  otherwise  by  the  charters  which  we  have  from  his 
father  William,  the  late  King  of  Scotland;  and  this  shall 
be  by  the  verdict  of  his  peers,  in  our  court. 

(LX.48)  [Customs  and  liberties,  continued.] — 
Also  all  these  customs  and  liberties  aforesaid,  which  we 
have  granted  to  be  held  in  our  kingdom,  for  so  much 
of  it  as  belongs  to  us,  all  our  subjects,  as  well  clergy  as 
laity,  shall  observe  towards  their  tenants  as  far  as  con- 
cerns them. 

(LXI.49)  [Twenty-five  barons  appointed  to  en- 
force charter.] — But  since  we  have  granted  all  these 
things  aforesaid,  for  God,  and  for  the  amendment  of 
our  kingdom,  and  for  the  better  extinguishing  the  dis- 
cord which  has  arisen  between  us  and  our  Barons,  we, 
being  desirous  that  these  things  should  possess  entire 
and  unshaken  stability  for  ever,  give  and  grant  to  them 
the  security  underwritten;  namely,  that  the  Barons  may 
elect  twenty-five  Barons  of  the  kingdom,  whom  they 
please,  who  shall,  with  their  whole  power,  observe,  keep, 
and  cause  to  be  observed,  the  peace  and  liberties  which 
we  have  granted  to  them,  and  have  confirmed  by  this 
our  present  charter,  in  this  manner :  that  is  to  say,  if  we, 


8o  Fundamentals  of  American  Government. 

or  our  Justiciar}\  or  our  bailiffs,  or  any  of  our  officers, 
shall  have  injured  any  one  in  anything,  or  shall  have 
violated  any  article  of  the  peace  or  security,  and  the 
injury  shall  have  been  shown  to  four  of  the  aforesaid 
twenty-five  Barons,  the  said  four  Barons  shall  come  to 
us,  or  to  our  Justiciary  if  we  be  out  of  the  kingdom, 
and  making  known  to  us  the  excess  committed,  petition 
that  we  cause  that  excess  to  be  redressed  without  delay. 
And  if  we  shall  not  have  redressed  the  excess,  or,  if 
we  have  been  out  of  the  kingdom,  our  Justiciary  shall 
not  have  redressed  it  within  the  term  of  forty  days,, 
computing  from  the  time  when  it  shall  have  been  made 
known  to  us,  or  to  our  Justiciary  if  we  have  been  out 
of  the  kingdom,  the  aforesaid  four  Barons  shall  lay  that 
cause  before  the  residue  of  the  twenty-five  Barons;  and 
they,  the  twenty-five  Barons,  with  the  community  of  the 
whole  land,  shall  distress  and  harass  us  by  all  the  ways 
in  which  they  are  able;  that  is  to  say,  by  the  taking 
of  our  castles,  lands,  and  possessions,  and  by  any  other 
means  in  their  power,  until  the  excess  shall  have  been 
redressed,  according  to  their  verdict;  saving  harmless 
our  person,  and  the  persons  of  our  Queen  and  children ; 
and  when  it  hath  been  redressed,  they  shall  behave  to 
us  as  they  have  done  before.  And  whoever  of  our 
land  pleaseth  may  swear  that  he  will  obey  the  com- 
mands of  the  aforesaid  twenty-five  Barons,  in  accomplish- 
ing all  the  things  aforesaid,  and  that  with  them  he  will 
harass  us  to  the  utmost  of  his  power;  and  we  publicly 
and  freely  give  leave  to  every  one  to  swear  who  is  willing^ 
to  swear;  and  we  will  never  forbid  any  to  swear.  But 
all  those  of  our  land,  who,  of  themselves,  and  of  their 
own  accord,  are  unwilling  to  swear  to  the  twenty-five 
Barons,  to  distress  and  harass  us  together  with  them, 
we  will  compel  them  by  our  command,  to  swear  as  afore- 
said.    And  if  any  one  of  the  twenty-five  Barons  shall 


Magna  Chart  a.  8i 

die,  or  remove  out  of  the  land,  or  in  any  other  way- 
shall  be  prevented  from  executing  the  things  above  said, 
they  who  remain  of  the  twenty-five  Barons  shall  elect 
another  in  his  place,  according  to  their  own  pleasure,  who 
shall  be  sworn  in  the  same  manner  as  the  rest.  In  all 
those  things  which  are  appointed  to  be  done  by  these 
twenty-five  Barons,  if  it  happen  that  all  the  twenty-five 
have  been  present,  and  have  differed  in  their  opinions 
about  any  thing,  or  if  some  of  them  who  had  been 
summoned,  would  not,  or  could  not  be  present,  that 
which  the  greater  part  of  those  who  were  present  shall 
have  provided  and  decreed  shall  be  held  as  firm  and  as 
valid  as  if  all  the  twenty-five  had  agreed  in  it;  and 
the  aforesaid  twenty-five  shall  swear  that  they  will  faith- 
fully observe,  and,  with  all  their  power,  cause  to  be 
observed,  all  the  things  mentioned  above.  And  we  will 
obtain  nothing  from  any  one,  by  ourselves,  nor  by  an- 
other, by  which  any  of  these  concessions  and  liberties 
may  be  revoked  or  diminished.  And  if  any  such  thing 
shall  have  been  obtained,  let  it  be  void  and  null ;  and 
we  will  never  use  it,  neither  by  ourselves  nor  by  another. 
(LXII.)  [General  amnesty.] — And  we  have  fully 
remitted  and  pardoned  to  all  men,  all  the  ill-will,  rancour, 
and  resentments  which  have  arisen  between  us  and  our 
subjects,  both  clergy  and  laity,  from  the  commencement 
of  the  discord.  Moreover,  we  have  fully  remitted  to 
all  the  clergy  and  laity,  and  as  far  as  belongs  to  us, 
have  fully  pardoned  all  transgressions  committed  by 
occasion  of  the  said  discord,  from  Easter,  in  the  six- 
teenth year  of  our  reign,  until  the  conclusion  of  the 
peace.  (49)  And,  moreover,  we  have  caused  to  be  made 
to  them  testimonial  letters-patent  of  the  Lord  Stephen, 
Archbishop  of  Canterbury,  the  Lord  Henry,  Archbishop 
of  Dublin,  and  of  the  aforesaid  Bishops,  and  of  Master 
Fund,  of  Am.   Gov. — 6. 


82  Fundamentals  of  American  Government. 

Pandulph   concerning   this   security,    and   the   aforesaid 
concessions. 

(LXIII.)  [Charter  rights  guaranteed  forever.] — 
Wherefore,  our  will  is,  and  we  firmly  command  that  the 
Church  of  England  be  free,  and  that  the  men  in  our 
kingdom  have  and  hold  the  aforesaid  liberties,  rights, 
and  concessions,  well  and  in  peace,  freely  and  quietly, 
fully  and  entirely,  to  them  and  their  heirs,  of  us  and 
our  heirs,  in  all  things  and  places,  for  ever  as  is  afore- 
said. It  is  also  sworn,  both  on  our  part,  and  on  that 
of  the  Barons,  that  all  the  aforesaid  shall  be  observed 
in  good  faith,  and  without  any  evil  intention.  Witnessed 
by  the  above,  and  many  others.  Given  by  our  hand  in 
the  Meadow  which  is  called  Runningmead,  between 
Windsor  and  Staines,  this  15th  day  of  June,  in  the  17th 
year  of  our  reign. 

(seal.) 


Declaration  of  Independence.  83 


THE  DECLARATION  OF  INDEPENDENCE,  1776. 

[After  several  months  spent  in  the  consideration  of  various 
propositions  relating  to  a  settlement  of  the  dififerences  existing 
between  the  colonies  and  the  British  government,  the  Continental 
Congress,  on  the  4th  of  July,  1776,  adopted  the  Declaration  of 
Independence,  and  on  the  18th  of  January,  1777,  directed  that  an 
authenticated  copy  of  it  be  transmitted  to  each  state  for  record. 
It  was  ratified  by  the  colonies,  and  became  the  basis  of  the  subse- 
quent Union  of  the  States.] 

When,  in  the  course  of  human  events,  it  becomes 
necessary  for  one  people  to  dissolve  the  political  bands 
which  have  connected  them  with  another,  and  to  assume, 
among  the  powers  of  the  earth,  the  separate  and  equal 
station  to  which  the  laws  of  nature  and  of  nature's 
God  entitle  them,  a  decent  respect  to  the  opinions  of 
mankind  requires  that  they  should  declare  the  causes 
which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident, — that  all  men 
are  created  equal ;  that  they  are  endowed,  by  their 
Creator,  with  certain  unalienable  rights ;  that  among 
these  are  life,  liberty,  and  the  pursuit  of  happiness.  That 
to  secure  these  rights,  governments  are  instituted  among 
men,  deriving  their  just  powers  from  the  consent  of 
the  governed;  that  whenever  any  form  of  government 
becomes  destructive  of  these  ends,  it  is  the  right  of  the 
people  to  alter  or  to  abolish  it,  and  to  institute  new 
government,  laying  its  foundation  on  such  principles, 
and  organizing  its  powers  in  such  form  as  to  them  shall 
seem  most  likely  to  effect  their  safety  and  happiness. 
Prudence,  indeed,  will  dictate,  that  governments  long 
established  should  not  be  changed  for  light  and  tran- 
sient causes ;  and  accordingly  all  experience  hath  shown, 
that  mankind  are  more  disposed  to  suffer,  while  evils 
are  sufferable,  than  to  right  themselves  by  abolishing 
the  forms  to  which  they  are  accustomed.     But  when  a 


84  Fundaaicntals  of  Ainerican  Government. 

long  train  of  abuses  and  usurpations,  pursuing  invari- 
ably the  same  object,  evinces  a  design  to  reduce  them 
under  absolute  despotism,  it  is  their  right,  it  is  their 
duty,  to  throw  off  such  government,  and  to  provide 
new  guards  for  their  future  security.  SucH  has  been 
the  patient  sufferance  of  these  Colonies,  and  such  is 
now  the  necessity  which  constrains  them  to  alter  their 
former  systems  of  government.  The  history  of  the 
present  King  of  Great  Britain  is  a  history  of  repeated 
injuries  and  usurpations,  all  having  in  direct  object  the 
establishment  of  an  absolute  tyranny  over  these  States. 
To  prove  this,  let  facts  be  submitted  to  a  candid  world. 

He  has  refused  his  assent  to  laws,  the  most  whole- 
some and  necessary  for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  imme- 
diate and  pressing  importance,  unless  suspended  in  their 
operation  till  his  assent  should  be  obtained;  and  when 
so  suspended,  he  has  utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accom- 
modation of  large  districts  of  people,  unless  those  people 
would  relinquish  the  right  of  representation  in  the  legis- 
lature,— a  right  inestimable  to  them,  and  formidable  to 
tyrants  only. 

He  has  called  together  legislative  bodies  at  places 
unusual,  uncomfortable,  and  distant  from  the  depository 
of  their  public  records,  for  the  sole  purpose  of  fatiguing 
them  into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly, 
for  opposing  with  manly  firmness  his  invasions  on  the 
rights  of  the  people. 

He  has  refused  for  a  long  time,  after  such  dissolu- 
tions, to  cause  others  to  be  elected,  whereby  the  legis- 
lative powers,  incapable  of  annihilation,  have  returned 
to  the  people  at  large  for  their  exercise;    the  State  re- 


Declaration  of  Independence.  85 

maining,  in  the  meantime,  exposed  to  all  the  dangers 
of  invasion  from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these 
States;  for  that  purpose  obstructing  the  laws  for 
naturalization  of  foreigners;  refusing  to  pass  others 
to  encourage  their  migration  hither,  and  raising  the 
conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice  by- 
refusing  his  assent  to  laws  for  establishing  judiciary 
powers. 

He  has  made  judges  dependent  on  his  will  alone  for 
the  tenure  of  their  offices,  and  the  amount  and  payment 
of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent 
hither  swarms  of  officers  to  harass  our  people,  and  eat 
out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing 
armies,  without  the  consent  of  our  legislatures. 

He  has  affected  to  render  the  military  independent  of, 
and  superior  to,  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a  juris- 
diction foreign  to  our  constitutions  and  unacknowledged 
by  our  laws;  giving  his  assent  to  their  acts  of  pretended 
legislation : 

For  quartering  large  bodies  of  armed  troops  among 
us; 

For  protecting  them,  by  a  mock  trial,  from  punish- 
ment for  any  murders  which  they  should  commit  on 
the  inhabitants  of  these  States ; 

For  cutting  off  our  trade  with  all  parts  of  the  world ; 

For  imposing  taxes  on  us  without  our  consent ; 

For  depriving  us,  in  many  cases,  of  the  benefits  of 
trial  by  jury; 


86  Fundamentals  of  American  Government. 

For  transporting  us  beyond  seas  to  be  tried  for  pre- 
tended offenses ; 

For  abolishing  the  free  system  of  EngHsh  laws  in  a 
neighboring  province,  establishing  therein  an  arbitrary 
government,  and  enlarging  its  boundaries,  so  as  to  render 
it  at  once  an  example  and  fit  instrument  for  introducing 
the  same  absolute  rule  into  these  colonies ; 

For  taking  away  our  charters,  abolishing  our  most 
valuable  laws,  and  altering  fundamentally  the  forms  of 
our  governments ; 

For  suspending  our  own  legislatures,  and  declaring 
themselves  invested  with  power  to  legislate  for  us  in  all 
cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us 
out  of  his  protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt 
our  towns,  and  destroyed  the  lives  of  our  people. 

He  is  at  this  time  transporting  large  armies  of  foreign 
mercenaries  to  complete  the  works  of  death,  desolation, 
and  tyranny,  already  begun  with  circumstances  of  cruelty 
and  perfidy  scarcely  paralleled  in  the  most  barbarous 
ages,  and  totally  unworthy  the  head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive 
on  the  high  seas,  to  bear  arms  against  their  country, 
to  become  the  executioners  of  their  friends  and  brethren, 
or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us, 
and  has  endeavored  to  bring  on  the  inhabitants  of  our 
frontiers,  the  merciless  Indian  savages,  whose  known 
rule  of  warfare  is  an  undistinguished  destruction  of  all 
ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we  have  petitioned 
for  redress  in  the  most  humble  terms;    our  repeated 


Declaration  of  Independence.  87 

petitions  have  been  answered  only  by  repeated  injury. 
A  prince  whose  character  is  thus  marked  by  every  act 
which  may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a 
free  people. 

Nor  have  we  been  wanting  in  attentions  to  our  British 
brethren.  We  have  warned  them,  from  time  to  time, 
of  attempts  by  their  legislature  to  extend  an  unwar- 
rantable jurisdiction  over  us.  We  have  reminded  them 
of  the  circumstances  of  our  emigration  and  settlement 
here.  We  have  appealed  to  their  native  justice  and 
magnanimity,  and  we  have  conjured  them  by  the  ties 
of  our  common  kindred  to  disavow  these  usurpations, 
which  would  inevitably  interrupt  our  connections  and 
correspondence.  They,  too,  have  been  deaf  to  the  voice 
of  justice  and  of  consanguinity.  We  must,  therefore, 
acquiesce  in  the  necessity  which  denounces  our  separa- 
tion, and  hold  them,  as  we  hold  the  rest  of  mankind, 
enemies  in  war,  in  peace  friends. 

We,  therefore,  the  Representatives  of  the  United 
States  of  America,  in  General  Congress  assembled,  ap- 
pealing to  the  Supreme  Judge  of  the  world  for  the 
rectitude  of  our  intentions,  do,  in  the  name,  and  by 
authority  of  the  good  people  of  these  Colonies,  solemnly 
publish  and  declare.  That  these  United  Colonies  are, 
and  of  right  ought  to  be,  free  and  independent  States; 
that  they  are  absolved  from  all  allegiance  to  tlie  British 
crown,  and  that  all  political  connexion  between  them 
and  the  State  of  Great  Britain,  is  and  ought  to  be  totally 
dissolved;  and  that,  as  free  and  independent  States,  they 
have  full  power  to  levy  war,  conclude  peace,  contract 
alliances,  establish  commerce,  and  to  do  all  other  acts 
and  things  which  independent  States  may  of  right  do. 
And  for  the  support  of  this  declaration,  with  a  firm  re- 


88 


Fundamentals  of  American  Government. 


liance  on  the  protection  of  Divine  Providence,  we  mutu- 
ally pledge  to  each  other  our  lives,  our  fortunes,  and  our 
sacred  honour. 

JOHN  HANCOCK. 


Georgia. 
Button  Gwinnett. 
Lyman  Hall. 
Geo.  Walton. 

South  Carolina. 
Edward  Rutledge. 
Thos.  Heyward,  junr. 
Thomas  Lynch,  junr. 
Arthur  Middleton. 


Virginia. 

George  Wythe. 
Richard  Henry  Lee. 
Th.  Jefferson. 
Ben  Jan.   Harrison. 
Thos.  Nelson,  Jr. 
Francis  Lightfoot  Lee. 
Carter  Braxton. 


Delaware. 
Caesar  Rodney. 
Geo.  Read. 
Tho.  M'Kean. 

Vol.  I.  Const.  Hist. — 8. 


North  Carolina. 
W^m.  Hooper. 
Joseph  Hewes. 
John  Penn. 

Maryland. 
Samuel  Chase. 
Wm.  Paca. 
Thos.  Stone. 

Charles  Carroll  of  Carroll- 
ton. 

Pennsylvania. 
Robt.  J^Iorris. 
Benjamin  Rush. 
Benja.    Franklin. 
John  Morton. 
Geo.   Clymer. 
Jas.   Smith, 
Geo.  Taylor. 
James  Wilson. 
Geo.  Ross. 

New  York. 
Wm.  Floyd. 
Phil.   Livingston. 
Fran's  Lewis. 
Lewis  Morris. 


Declaration  of  Independence. 


89 


New  Jersey. 
Richd.  Stockton. 
Jno.  Witherspoon. 
Fras.  Hopkinson. 
John  Hart. 
Abra.  Clark. 

Massachusetts  Bay. 

Saml.  Adams. 
John  Adams. 
Robt.  Treat  Paine. 
Elbridge  Gerry. 


New  Hampshire. 
Josiah  Bartlett. 
Wm.  Whipple. 
Matthew  Thornton. 


Rhode  Island  and  Provi- 
dence, &c. 

Step.  Hopkins. 
William  Ellery. 


Connecticut. 
Roger  Sherman.  Wm.  Williams. 

Saml.  Huntington.  Oliver  Wolcott, 


go  Fundamentals  of  American  Govcrny.icnt. 

ARTICLES  OF  CONFEDERATION,  1778. 

On  the  17th  of  November,  1777,  the  Continental 
Congress  submitted  to  the  several  states  proposed 
Articles  of  Confederation  which  had  been  adopted  on 
the  15th,  accompanied  by  an  eloquent  and  impressive 
appeal  to  the  legislatures  to  take  immediate  action.  The 
Articles  are  described  as  "a  plan  of  confederacy  for 
securing  the  freedom,  sovereignty,  and  independence  of 
the  United  States."  New  York  ratified  the  Articles 
on  the  6th  of  February,  1778.  On  the  9th  of  July, 
1778,  the  Articles  were  ratified  by  the  delegates  in  Con- 
gress from  New  Hampshire,  Massachusetts  Bay,  Rhode 
Island  and  Providence  Plantations,  Connecticut,  New 
York,  Pennsylvania,  Virginia,  and  South  Carolina. 
North  Carolina  had  ratified  the  Articles,  but  that  state 
and  Georgia  were  not  then  represented  in  Congress. 
The  delegates  from  New  Jersey,  Delaware,  and  Mary- 
land had  not  then  been  authorized  to  sign  the  Articles. 
Maryland,  which  was  the  last  state  to  act,  ratified  the 
Articles  on  the  30th  of  January,  1781,  and  the  dele- 
gates from  that  state  signed  them  on  the  ist  of  March 
following.     This  completed  the  ratification. 

The  ratification  by  New  York,  in  1778,  was  subject 
to  the  approval  of  the  Articles  by  all  the  other  states; 
t>ut  on  the  23d  of  October,  1779,  a  supplemental  act 
Avas  passed,  dispensing  with  such  unanimous  approval 
•so  far  as  New  York  was  concerned,  and  authorizing 
its  delegates  in  Congress  to  join  with  the  delegates 
from  so  many  of  the  other  states  as  might  be  judged 
^'proper  and  competent  for  mutual  defense  and  perma- 
nent security."  It  is  a  noteworthy  fact  that  when  the 
Articles  were  finally  ratified  by  all  the  states,  March 
I,  1 78 1,  the  Revolutionary'  War  was  nearly  over.    Corn- 


Articles  of  Confederation.  91 

wallis  surrendered  in  October  following,  and  there  was 
little  actual  war  after  that  time,  although  two  years 
more  elapsed  before  peace  was  finally  consummated. 
The  student  of  the  Federal  Constitution  cannot  fail 
to  observe  that  many  provisions  in  the  Articles  appear 
again  in  the  Constitution,  sometimes  in  substance,  but 
often  in  the  same  language  used  here.  While  the 
Articles  were  conceded  to  be  inadequate,  the  problem 
of  uniting  the  states  was  an  exceedingly  difficult  one, 
and  it  is  a  high  tribute  to  the  wisdom  and  patriotism 
of  the  statesmen  of  that  period  that  they  were  able  to 
maintain  even  the  semblance  of  a  government  under 
such  unfavorable  conditions.  The  Articles  appear  to 
be  dated  July  9,  1778.  This  is  the  date  on  which  a 
majority  of  the  delegates  signed  them ;  but,  as  already 
pointed  out,  nearly  three  years  elapsed  before  the  rati- 
fication became  complete.  For  the  reader's  convenience 
I  have  prefixed  a  title  to  each  article. 


ARTICLES  OF  CONFEDERATION,  &c. 

TO  ALL  TO   WHOM   THESE  PRESENTS  SHALL  COME,    ' 

IVe,  the  undersigned,  Delegates  of  the  States  affixed  to 
our  names,  send  greeting: 

Whereas  The  Delegates  of  the  United  States  of 
America  in  Congress  asseniljled  did,  on  the  fifteenth 
day  of  November,  in  the  year  of  our  Lord  one  thou- 
sand seven  hundred  and  seventy-seven,  and  in  the  second 
)'ear  of  the  independence  of  America,  agree  to  certain 
articles  of  confederation  and  perpetual  union  between 
the  states  of  New  Hampshire,  Massachusetts  Bay, 
Rhode-Island  and  Providence  Plantations,  Connecti- 
cut, New  York,  New  Jersey,  Pennsylvania,  Delaware, 


92  Ftiiidaiiiciitals  of  American  Government. 

Maryland,   Virginia,    North   Carolina,    South   Carolina, 
and  Georgia,  in  the  words  following,  viz.: 

Articles  of  Confederation  and  perpetual  Union  be- 
tv/een  the  States  of  New-Hampshire,  Massachu- 
setts-Bay, Rhode-Island  and  Providence  Planta- 
tions, Connecticut,  New  York,  New  Jersey,  Penn- 
sylvania, Delaware,  Maryland,  Virginia,  North 
Carolina,  South  Carolina,  and  Georgia. 

Art.  I.  [New  nation  named.] — The  style  of  this 
confederacy  shall  be  "The  United  States  of  America." 

Art.  2.  [State  sovereignty  reserved.] — Each  state 
retains  its  sovereignty,  freedom,  and  independence,  and 
every  power,  jurisdiction,  and  right  which  is  not  by  this 
confederation  expressly  delegated  to  the  United  States 
in  Congress  assembled. 

Art.  3.  [Purpose  of  confederation.] — The  said 
states  hereby  severally  enter  into  a  firm  league  of  friend- 
ship with  each  other  for  their  common  defense,  the 
security  of  their  liberties,  and  their  mutual  and  general 
welfare,  binding  themselves  to  assist  each  other  against 
all  force  offered  to,  or  attacks  made  upon,  them,  or 
any  of  them,  on  account  of  religion,  sovereignty,  trade, 
or  any  other  pretence  whatever. 

Art.  4.  [Privileges  and  immunities  of  citizens;  fu- 
gitives from  justice;  judgments  conclusive  in  other 
states.] — The  better  to  secure  and  perpetuate  mutual 
friendship  and  intercourse  among  the  people  of  the  dif- 
ferent states  in  this  union,  the  free  inhabitants  of  each 
of  these  states,  paupers,  vagabonds,  and  fugitives  from 
justice  excepted,  shall  be  entitled  to  all  privileges  and 
immunities  of  free  citizens  in  the  several  states;  and 
the  people  of  each  state  shall  have  free  ingress  and  re- 
gress to  and  from  any  other  state,  and  shall  enjoy  therein 


Articles  of  Confederation.  95 

all  the  privileges  of  trade  and  commerce,  subject  to  the 
same  duties,  impositions,  and  restrictions  as  the  inhabi- 
tants thereof  respectively,  provided  that  such  restric- 
tions shall  not  extend  so  far  as  to  prevent  the  removal 
of  property  imported  into  any  state  to  any  other  state, 
of  which  the  owner  is  an  inhabitant;  provided  also, 
that  no  imposition,  duties,  or  restriction,  shall  be  laid  by 
any  state  on  the  property  of  the  United  States  or  either 
of  them. 

If  any  person  guilty  of  or  charged  with  treason,  felony,, 
or  other  high  misdemeanor,  in  any  state,  shall  flee  from 
justice,  and  be  found  in  any  of  the  United  States,  he 
shall,  upon  demand  of  the  governor  or  executive  power 
of  the  state  from  which  he  tied,  be  delivered  up,  and 
removed  to  the  state  having  jurisdiction  of  his  offense. 

Full  faith  and  credit  shall  be  given  in  each  of  these 
states  to  the  records,  acts,  and  judicial  proceedings  of 
the  courts  and  magistrates  of  every  other  state. 

Art.  5.  [Congress,  how  constituted;  privileges  of 
members.] — For  the  more  convenient  management 
of  the  general  interests  of  the  United  States,  delegates 
shall  be  annually  appointed  in  such  manner  as  the  legis- 
lature of  each  state  shall  direct,  to  meet  in  Congress 
on  the  first  Monday  in  November,  in  every  year,  with 
a  power  reserved  to  each  state  to  recall  its  delegates 
or  any  of  them,  at  any  time  within  the  year,  and  to  send 
others  in  their  stead  for  the  remainder  of  the  year. 

No  state  shall  be  represented  in  Congress  by  less  than 
two  nor  by  more  than  seven  members ;  and  no  person 
shall  be  capable  of  being  a  delegate  for  more  than  three 
years  in  any  term  of  six  years;  nor  shall  any  person, 
being  a  delegate,  be  capable  of  holding  any  office  under 
the  United  States,  for  which  he,  or  another  for  his 
benefit,  receives  any  salary,  fees,  or  emolument  of  any 
kind. 


94  Fundav.icntaJs  of  American  Government. 

Each  state  shall  maintain  its  own  delegates  in  a  meet- 
ing of  the  states,  and  while  they  act  as  members  of  the 
committee  of  the  states. 

In  determining  questions  in  the  United  States  in  Con- 
gress assembled,  each  state  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  Congress  shall  not 
be  impeached  or  questioned  in  any  court  or  place  out 
of  Congress;  and  the  members  of  Congress  shall  be 
protected  in  their  persons  from  arrests  and  imprison- 
ments, during  the  time  of  their  going  to  and  from  and 
attendance  on  Congress,  except  for  treason,  felony,  or 
breach  of  the  peace. 

Art.  6.  [Treaties  regulated;  treaty  imposts  pro- 
tected; state  naval  and  military  forces  limited;  mili- 
tia; war  by  state  regulated.] — No  state,  without  the 
consent  of  the  United  States  in  Congress  assembled,  shall 
send  any  embassy  to,  or  receive  any  embassy  from,  or 
enter  into  any  conference,  agreement,  alliance,  or  treaty 
with,  any  king,  prince,  or  state ;  nor  shall  any  person  hold- 
ing any  office  of  profit  or  trust  under  the  United  States, 
or  any  of  them,  accept  of  any  present,  emolument,  office, 
or  title  of  any  kind  whatever,  from  any  king,  prince, 
or  foreign  state;  nor  shall  the  United  States  in  Con- 
gress assembled,  or  any  of  them,  grant  any  title  of 
nobility. 

No  two  or  more  states  shall  enter  into  any  treaty, 
confederation,  or  alliance  whatever  between  them,  with- 
out the  consent  of  the  United  States  in  Congress  as- 
sembled, specifying  accurately  the  purposes  for  which 
the  same  is  to  be  entered  into,  and  how  long  it  shall  con- 
tinue. 

No  state  shall  lay  any  imposts  or  duties,  which  may 
interfere  with  any  stipulations  in  treaties  entered  into 
by  the  United  States  in  Congress  assembled,  v.'ith  any 
king,  prince,  or  state,  in  pursuance  of  any  treaties  al- 


Articles  of  Confederation.  95 

ready  proposed  by  Congress  to  the  courts  of  France  and 
Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace 
by  any  state,  except  such  number  only  as  shall  be  deemed 
necessary  by  the  United  States  in  Congress  assembled 
for  the  defense  of  such  state  or  its  trade ;  nor  shall  any 
body  of  forces  be  kept  up  by  any  state  in  time  of  peace, 
except  such  number  only  as,  in  the  judgment  of  the 
United  States  in  Congress  assembled,  shall  be  deemed 
requisite  to  garrison  the  forts  necessary  for  the  defense 
of  such  state ;  but  every  state  shall  always  keep  up  a  well 
regulated  and  disciplined  militia,  sufficiently  armed  and 
accoutred,  and  shall  provide  and  have  constantly  ready 
for  use,  in  public  stores,  a  due  number  of  field  pieces 
and  tents,  and  a  proper  quantity  of  arms,  ammunition, 
and  camp  equipage. 

No  state  shall  engage  in  any  war  without  the  consent 
of  the  United  States  in  Congress  assembled,  unless  such 
state  be  actually  invaded  by  enemies,  or  shall  have  re- 
ceived certain  advice  of  a  resolution  being  formed  by 
some  nation  of  Indians  to  invade  such  state,  and  the 
danger  is  so  imminent  as  not  to  admit  of  delav  till  the 
United  States  in  Congress  assembled  can  be  consulted'; 
nor  shall  any  state  grant  commissions  to  any  ships  or  ves- 
sels of  war,  nor  letters  of  marque  or  reprisal,  except  it  be 
after  a  declaration  of  war  by  the  United  States  in  Con- 
gress assembled,  and  then  only  against  the  kingdom  or 
state,  and  the  subjects  thereof,  against  which  war  has 
been  so  declared,  and  under  such  regulations  as  shall  be 
established  by  the  United  States  in  Congress  assembled, 
unless  such  state  be  infested  by  pirates,  in  which  case 
vessels  of  war  may  be  fitted  out  for  that  occasion,  and 
kept  so  long  as  the  danger  shall  continue,  or  until  the 
United  States  in  Congress  assembled  shall  determine 
otherwise. 


96  Fiiiidainciitals  of  American  Government. 

Art.  7.  [Military  officers,  how  appointed.] — When 
land  forces  are  raised  by  any  state  for  the  common  de- 
fense, all  officers  of  or  under  the  rank  of  colonel  shall 
be  appointed  by  the  legislature  of  each  state  respectively 
by  whom  such  forces  shall  be  raised,  or  in  such  manner 
as  such  state  shall  direct;  and  all  vacancies  shall  be 
filled  up  by  the  state  which  first  made  the  appointment. 

Art.  8.  [Military  expenses,  how  apportioned.] — 
All  charges  of  war,  and  all  other  expenses  that  shall 
be  incurred  for  the  common  defense  or  general  welfare, 
and  allowed  by  the  United  States  in  Congress  assembled, 
shall  be  defrayed  out  of  a  common  treasury,  which 
shall  be  supplied  by  the  several  states  in  proportion  to 
the  value  of  all  land  within  each  state  granted  to  or 
surveyed  for  any  person,  as  such  land  and  the  build- 
ings and  improvements  thereon  shall  be  estimated,  ac- 
cording to  such  mode  as  the  United  States  in  Congress 
assembled  shall,  from  time  to  time,  direct  and  appoint. 

The  taxes  for  paying  that  proportion  shall  be  laid 
and  levied  by  the  authority  and  direction  of  the  legis- 
latures of  the  several  states,  within  the  time  agreed  upon 
by  the  United  States  in  Congress  assembled. 

Art.  9.  [Powers  of  Congress.] — The  United  States 
in  Congress  assembled  shall  have  the  sole  and  exclusive 
right  and  power  of  determining  on  peace  and  war,  ex- 
cept in  the  cases  mentioned  in  the  sixth  article;  of 
sending  and  receiving  ambassadors ;  entering  into  treaties 
and  alliances;  provided,  that  no  treaty  of  commerce 
shall  be  made  whereby  the  legislative  power  of  the  re- 
spective states  shall  be  restrained  from  imposing  such 
imposts  and  duties  on  foreigners  as  their  own  people 
are  subjected  to,  or  from  prohibiting  the  exportation  or 
importation  of  any  species  of  goods  or  commodities 
whatsoever;  of  establishing  rules  for  deciding,  in  all 
cases,  what  captures  on  land  or  water  shall  be  legal,  and 


Articles  of  Confederation.  97 

in  what  manner  prizes  taken  by  land  or  naval  forces  in 
the  service  of  the  United  States  shall  be  divided  or  ap- 
propriated; of  granting  letters  of  marque  and  reprisal, 
in  times  of  peace;  appointing  courts  for  the  trial  of 
piracies  and  felonies  committed  on  the  high  seas,  and 
establishing  courts  for  receiving  and  determining  finally 
appeals  in  all  cases  of  captures ;  provided,  that  no  mem- 
ber of  Congress  shall  be  appointed  a  judge  of  any  of 
the  said  courts. 

The  United  States  in  Congress  assembled  shall  also  be 
the  last  resort  on  appeal  in  all  disputes  and  differences 
now  subsisting  or  that  hereafter  may  arise  between  two 
or  more  states  concerning  boundary,  jurisdiction,  or  any 
other  cause  whatever;  which  authority  shall  always  be 
exercised  in  the  manner  following :  whenever  the  legisla- 
tive or  executive  authority  or  lawful  agent  of  any  state  in 
controversy  with  another  shall  present  a  petition  to  Con- 
gress, stating  the  matter  in  question,  and  praying  for  a 
hearing,  notice  thereof  shall  be  given  by  order  of  Con- 
gress to  the  legislative  or  executive  authority  of  the  other 
state  in  controversy,  and  a  day  assigned  for  the  appear- 
ance of  the  parties,  by  their  lawful  agents,  who  shall  then 
be  directed  to  appoint  by  joint  consent  commissioners  or 
judges  to  constitute  a  court  for  hearing  and  determining 
the  matter  in  question ;  but  if  they  cannot  agree  Congress 
shall  name  three  persons  out  of  each  of  the  United  States, 
and  from  the  list  of  such  persons  each  party  shall  alter- 
nately strike  out  one,  the  petitioners  beginning,  until  the 
number  shall  be  reduced  to  thirteen ;  and  from  that  num- 
ber not  less  than  seven  nor  more  than  nine  names,  as  Con- 
gress shall  direct,  shall,  in  the  presence  of  Congress,  be 
drawn  out  by  lot ;  and  the  persons  whose  names  shall  be 
so  drawn,  or  any  five  of  them,  shall  be  commissioners  or 
judges,  to  hear  and  finally  determine  the  controversy,  so 
always  as  a  major  part  of  the  judges,  who  shall  hear 
Fund,  of  Am.   Gov. — 7. 


98  Fundamentals  of  American  Government 

the  cause,  shall  agree  in  the  determination;  and  if  either 
party  shall  neglect  to  attend  at  the  day  appointed,  v.ith- 
ont  showing  reasons  which  Congress  shall  judge  suf- 
ficient, or,  being  present,  shall  refuse  to  strike,  the  Con- 
gress shall  proceed  to  nominate  three  persons  out  of 
each  state,  and  the  secretary  of  Congress  shall  strike  in 
behalf  of  such  party  absent  or  refusing;  and  the  judg- 
ment and  sentence  of  the  court  to  be  appointed  in 
tlie  manner  before  prescribed,  shall  be  final  and  con- 
clusive; and  if  any  of  the  parties  shall  refuse  to  submit 
to  the  authority  of  such  court,  or  to  appear,  or 
defend  their  claim  or  cause,  the  court  shall  neverthe- 
less proceed  to  pronounce  sentence  or  judgment,  which 
shall  in  like  manner  be  final  and  decisive,  the  judg- 
ment or  sentence  and  other  proceedings,  being  in  either 
case  transmitted  to  Congress,  and  lodged  among  the  acts 
of  Congress  for  the  security  of  the  parties  concerned: 
provided,  that  every  commissioner,  before  he  sits  in 
judgment,  shall  take  an  oath,  to  be  administered  by  one 
of  the  judges  of  the  supreme  or  superior  court  of  the 
state,  where  the  cause  shall  be  tried,  "well  and  truly  to 
hear  and  determine  the  matter  in  question,  according 
to  the  best  of  his  judgment,  without  favor,  affection, 
or  hope  of  reward ;"  provided  also  that  no  state  shall  be 
deprived  of  territory  for  the  benefit  of  the  United  States. 
All  controversies  concerning  the  private  right  of  soil, 
claimed  under  different  grants  of  two  or  more  states, 
whose  jurisdiction  as  they  may  respect  such  lands  and  the 
states  which  passed  such  grants  are  adjusted,  the  said 
grants  or  either  of  them  being  at  the  same  time  claimed 
to  have  originated  antecedent  to  such  settlement  of  juris- 
diction, shall,  on  the  petition  of  either  party  to  the  Con- 
gress of  the  United  States,  be  finally  determined,  as 
near  as  may  be,  in  the  same  manner  as  is  before  pre- 


Articles  of  Confederation.  99 

scribed  for  deciding  disputes  respecting  territorial  ju- 
risdiction between  different  states. 

The  United  States  in  Congress  assembled  shall  also 
have  the  sole  and  exclusive  right  and  power  of  regu- 
lating the  alloy  and  value  of  coin  struck  by  their  own 
authority,  or  by  that  of  the  respective  states;  fixing 
the  standard  of  weights  and  measures  throughout  the 
United  States ;  regulating  the  trade  and  managing  all 
affairs  with  the  Indians  not  members  of  any  of  the 
states;  provided  that  the  legislative  right  of  any  state 
within  its  own  limits  be  not  infringed  or  violated;  es- 
tablishing and  regulating  postofifices  from  one  state  to 
another  throughout  all  the  United  States,  and  exacting 
such  postage  on  the  papers  passing  through  the  same  as 
may  be  requisite  to  defray  the  expenses  of  the  said  of- 
fice; appointing  all  officers  of  the  land  forces  in  the 
service  of  the  United  States,  excepting  regimental  offi- 
cers; appointing  all  the  officers  of  the  naval  forces,  and 
commissioning  all  officers  whatever  in  the  service  of  the 
United  States;  making  rules  for  the  government  and 
regulation  of  the  said  land  and  naval  forces,  and  direct- 
ing their  operations. 

The  United  States  in  Congress  assembled  shall  haVe 
authority  to  appoint  a  committee  to  sit  in  the  recess  of 
Congress,  to  be  denominated  "a.  committee  of  the  states;" 
and  to  consist  of  one  delegate  from  each  state,  and  to 
appoint  such  other  committees  and  civil  officers  as  may 
be  necessary  for  managing  the  general  affairs  of  the 
United  States,  under  their  direction;  to  appoint  one  of 
their  number  to  preside,  provided  that  no  person  be  al- 
lowed to  serve  in  the  office  of  president  more  than  one 
year  in  any  term  of  three  years ;  to  ascertain  the  neces- 
sary sums  of  money  to  be  raised  for  the  service  of  the 
United  States,  and  to  appropriate  and  apply  the  same 
for    defraying  the  public  expenses;   to   borrow   money 


lOO  Fundamentals  of  American  Goz'ernincn.f. 

or  emit  bills  on  the  credit  of  the  United  States,  trans- 
mitting every  half  year  to  the  respective  states  an  ac- 
count of  the  sums  of  money  so  borrowed  or  emitted; 
to  build  and  equip  a  navy;  to  agree  upon  the  number 
of  land  forces,  and  to  make  requisitions  from  each  state 
for  its  quota,  in  proportion  to  the  number  of  white  in- 
habitants in  such  state;  which  requisition  shall  be  bind- 
ing, and  thereupon  the  legislature  of  each  state  shall 
appoint  the  regimental  officers,  raise  the  men,  and  clothe, 
arm,  and  equip  them  in  a  soldier-like  manner,  at 
the  expense  of  the  United  States;  and  the  officers  and 
men  so  clothed,  armed,  and  equipped,  shall  march  to 
the  place  appointed,  and  within  the  time  agreed  on  by 
the  United  States  in  Congress  assembled;  but  if  the 
United  States,  in  Congress  assembled,  shall,  on  consid- 
eration of  circumstances,  judge  proper  that  any  state 
should  not  raise  men  or  should  raise  a  smaller  number 
than  its  quota,  and  that  any  other  state  should  raise  a 
greater  number  of  men  than  the  quota  thereof,  such 
extra  number  shall  be  raised,  officered,  clothed,  armed, 
and  equipped,  in  the  same  manner  as  the  quota  of  such 
state,  unless  the  legislature  of  such  state  shall  judge 
that  such  extra  number  cannot  be  safely  spared  out  of 
the  same ;  in  which  case  they  shall  raise,  officer,  clothe, 
arm,  and  equip,  as  many  of  such  extra  number  as  they 
judge  can  be  safely  spared.  And  the  officers  and  men 
so  clothed,  armed,  and  equipped,  shall  march  to  the  place 
appointed,  and  within  the  time  agreed  on  by  the 
United  States  in  Congress  assembled. 

The  United  States  in  Congress  assembled  shall 
tiever  engage  in  a  war,  nor  grant  letters  of  marque  and 
reprisal  in  time  of  peace,  nor  enter  into  any  treaties  or 
alliances,  nor  coin  money,  nor  regulate  the  value  there- 
of, nor  ascertain  the  sums  and  expenses  necessary  for 
the  defense  and  welfare  of  the  United  States  or  any 


Articles  of  Confederation.  loi 

of  them,  nor  emit  bills,  nor  borrow  money  on  the  credit 
of  the  United  States,  nor  appropriate  money,  nor  agree 
upon  the  number  of  vessels  of  war  to  be  built  or 
purchased,  or  the  number  of  land  or  sea  forces  to 
be  raised,  nor  appoint  a  commander-in-chief  of  the 
army  or  navy  unless  nine  states  assent  to  the  same;  nor 
shall  a  question  on  any  other  point,  except  for  adjourn- 
ing from  day  to  day,  be  determined,  unless  by  the 
votes  of  a  majority  of  the  United  States  in  Congress 
assembled. 

The  Congress  of  the  United  States  shall  have  power 
to  adjourn  to  any  time  within  the  year,  and  to  any 
place  within  the  United  States,  so  that  no  period  of 
adjournment  be  for  a  longer  duration  than  the  space  of 
six  months;  and  shall  publish  the  journal  of  their  pro- 
ceedings monthly,  except  such  parts  thereof  relating 
to  treaties,  alliances,  or  military  operations,  as,  in  their 
judgment,  require  secrecy;  and  the  yeas  and  nays  of 
the  delegates  of  each  state  on  any  question  shall  be 
entered  on  the  journal,  when  it  is  desired  by  any  dele- 
gate; and  the  delegates  of  a  state,  or  any  of  them,  at 
his  or  their  request,  shall  be  furnished  with  a  transcript 
of  the  said  journal,  except  such  parts  as  are  above  ex- 
cepted, to  lay  before  the  legislatures  of  the  several  states. 

Art.  10.  [Powers  of  recess  committee.] — The  com- 
mittee of  the  states,  or  any  nine  of  them,  shall  be 
authorized  to  execute  in  the  recess  of  Congress,  such 
of  the  powers  of  Congress  as  the  United  States  in 
Congress  assembled,  by  the  consent  of  nine  states,  shall, 
from  time  to  time,  think  expedient  to  vest  them  with ; 
provided  that  no  power  be  delegated  to  the  said  com- 
mittee, for  the  exercise  of  which,  by  the  articles  of  con- 
federation, the  voice  of  nine  states  in  the  Congress  of 
the  United  States  assembled  is  requisite. 

Art.  II.   [Canada  may  join  Union.] — Canada  ac- 


I02  Fundamentals  of  American  Government, 

ceding  to  this  confederation,  and  joining  in  the  meas- 
ures of  the  United  States,  shall  be  admitted  into,  and 
entitled  to,  all  the  advantages  of  this  union;  but  no 
other  colony  shall  be  admitted  into  the  same  unless 
such  admission  be  agreed  to  by  nine  states. 

Art.  12.  [Prior  public  debts  secured.] — All  bills  of 
credit  emitted,  moneys  borrowed,  and  debts  contracted, 
by  or  under  the  authority  of  Congress,  before  the  as- 
i,embling  of  the  United  States,  in  pursuance  of  the  pres- 
ent confederation,  shall  be  deemed  and  considered  as  a 
charge  against  the  United  States,  for  payment  and  sat- 
isfaction whereof  the  said  United  States  and  the  pub- 
lic faith  are  hereby  solemnly  pledged. 

Art.  13.  [Effect  of  articles;  amendments.] — Every 
state  shall  abide  by  the  determination  of  the  United 
States  in  Congress  assembled,  on  all  questions  w'hich,  by 
this  confederation,  are  submitted  to  them.  And  the 
articles  of  this  confederation  shall  be  inviolably  observed 
by  every  state,  and  the  union  shall  be  perpetual ;  nor  shall 
any  alteration  at  any  time  hereafter  be  made  in  any 
of  them,  unless  such  alteration  be  agreed  to  in  a  con- 
gress of  the  United  States,  and  be  afterwards  confirmed 
by  the  legislature  of  every  state. 

And  whereas  it  has  pleased  the  Great  Governor  of  the 
world  to  incline  the  hearts  of  the  legislatures  we  re- 
spectfully represent  in  Congress,  to  approve  of  and  to 
authorize  us  to  ratify  the  said  articles  of  confederation 
and  perpetual  union :  Know  ye.  That  we,  the  under- 
signed delegates,  by  virtue  of  the  power  and  authority 
to  us  given  for  that  purpose,  do,  by  these  presents,  in 
the  name  and  in  behalf  of  our  respective  constituents, 
fully  and  entirely  ratify  and  confirm  each  and  every  of 
the  said  articles  of  confederation  and  perpetual  union, 
and  all  and  singular  the  matters  and  things  therein  con- 
tained; and  we  do  further  solemnly  plight  and  engage 


Articles  of  Confederation.  103 

the  faith  of  our  respective  constituents,  that  they  shall 
abide  by  the  determinations  of  the  United  States  in 
Congress  assembled,  on  all  questions  which,  by  the  said 
confederation,  are  submitted  to  them;  and  that  the  arti- 
cles thereof  shall  be  inviolably  observed  by  the  states 
we  respectively  represent;  and  that  the  union  shall  be 
perpetual. 

In  witness  whereof,  we  have  hereunto  set  our  hands, 
in  Congress.  Done  at  Philadelphia,  in  the  state  of 
Pennsylvania,  the  ninth  day  of  July,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  seventy-eight, 
and  in  the  third  year  of  the  independence  of  America. 

On  the  part  and  behalf  of  the  state  of  Nezu-Hampshire. 
Josiah  Bartlett,  John  Wentworth,  Jun.,  Aug. 

8,  1778. 

On  the  part  and  behalf  of  the  state  of  Massachusetts  Bay. 
John  Hancock,  Francis  Dana, 

Samuel  Adams,  James  Lovell, 

Elbridge  Gerry,  Samuel  Holten. 

On  the  part  and  in  behalf  of  the  state  of  Rhode-Island 

and  Providence  Plantations. 
William  Ellery,  John  Collins. 

Henry  Marchant, 

On  the  part  and  behalf  of  the  state  of  Connecticut. 
Roger  Sherman,  Titus  Hosmer, 

Samuel  Huntington,  Andrew  Adams. 

Oliver  Wolcott, 

On  the  part  and  behalf  of  the  state  of  New-York. 
Jas.  Duane,  Wm.  Duer, 

Fra.  Lewis,  Gouv.  Morris. 

On  the  part  and  in  behalf  of  the  state  of  New-Jersey. 
Jno.  Witherspoon,  Nat.  Scudder,  Nov.  26,  1778. 


104  Fuiidaiiientals  of  Amevican  Government. 

On  the  part  and  behalf  of  the  state  of  Pennsylvania. 
Robt.  Morris,  William  Clingan. 

Daniel  Roberdeaii,  Joseph  Reed,  22d  July,  1778. 

Jona.  Bayard  Smith, 

On  the  part  and  behalf  of  the  state  of  Delazuare. 
Tho.     M'Kean,     Feb.      13,   Nicholas  Van  Dyke. 

1779. 
John   Dickinson,    May    5th, 

1779. 

On  the  part  and  behalf  of  the  state  of  Maryland. 
John     Hanson,     March     i,   Nathaniel  Carroll,  do. 
1781. 
On  the  part  and  behalf  of  the  state  of  Virginia. 
Richard  Henry  Lee,  J  no.  Harvie, 

John  Banister,  Francis  Lightfoot  Lee. 

Thomas  Adams, 

On  the  part  and  behalf  of  the  state  of  North-Carolina. 
John  Penn,  July  21st,  1778.  Jno.  Williams. 
Corns.  Harnett, 

On  the  part  and  behalf  of  the  state  of  South-Carolina, 
Henry  Laurens,  Richard  Hutson, 

William  Henry  Drayton,         Thos.  Heyward,  Jun. 
Jno.  Mathews, 

On  the  part  and  behalf  of  the  state  of  Georgia. 
Jno.     Walton,     24th     July,  Edwd.  Telfair, 

1778.  Edwd.  Langworthy. 


Constitution  of  the  United  States.  105 

THE    CONSTITUTION    OF    THE    UNITED 
STATES,  1787. 

The  weakness  of  the  Articles  of  Confederation  was 
generally  conceded  almost  from  their  inception ;  and  it 
became  evident,  even  before  they  were  ratified,  that  they 
did  not  provide  a  bond  of  union  sufficient  for  a  new 
nation  with  such  unexampled  possibilities.  As  early 
as  1780  Alexander  Hamilton  advocated  a  convention 
of  all  the  states  for  the  purpose  of  reforming  the  evils 
of  the  existing  government,  and  the  subject  became  a 
matter  of  public  discussion  soon  after  the  articles  had 
been  finally  ratified. 

The  legislature  of  New  York  took  up  the  subject  in 
the  summer  of  1782;  and  on  the  20th  of  July,  the  state 
senate  passed  an  important  series  of  resolutions  relat- 
ing to  the  "state  of  the  Nation,"  reciting,  among  other 
things,  that  "in  the  opinion  of  this  legislature,  the  rad- 
ical source  of  most  of  our  embarrassments  is  the  want 
of  sufficient  power  in  Congress  to  effectuate  that  ready 
and  perfect  cooperation  of  the  different  states,  on  which 
their  immediate  safety  and  future  happiness  depends; 
that  experience  has  demonstrated  the  Confederation  to 
be  defective  in  several  essential  points,  particularly  in 
not  vesting  the  Federal  government  either  with  a  power 
of  providing  revenue  for  itself,  or  with  ascertained  and 
productive  funds,  secured  by  a  sanction  so  solemn  and 
general  as  would  inspire  the  fullest  confidence  in  them, 
and  make  them  a  substantial  basis  of  credit ;  that  these 
defects  ought  to  be,  without  loss  of  time,  repaired,  the 
powers  of  Congress  extended,  a  solid  security  estab- 
lished for  the  payment  of  debts  already  incurred,  and 
competent  means  provided  for  future  credit,  and  for 
supplying   the   current  demands   of   the   war.     That    it 


io6  Fundamentals  of  American  Government. 

appears  to  this  legislature  that  the  foregoing  important 
ends  can  never  be  attained  by  partial  deliberations 
of  the  states,  separately;  but  that  it  is  essential  to  the 
common  welfare  that  there  should  be,  as  soon  as  possi- 
ble, a  conference  of  the  whole  on  the  subject;  and  that 
i1  would  be  advisable  for  this  purpose,  to  propose  to  Con- 
gress to  recommend,  and  to  each  state  to  adopt,  the 
measure  of  assembling  a  general  convention  of  the  states, 
especially  authorized  to  revise  and  amend  the  Con- 
federation, reserving  a  right  to  the  respective  legisla- 
tures to  ratify  their  determinations." 

The  resolutions  were  concurred  in  the  next  day  by 
the  assembly,  and  on  the  22d  the  governor  was  requested 
to  transmit  copies  to  Congress  and  to  each  state  execu- 
tive. New  York  was  not  alone  in  appreciating  the  de- 
fects of  the  Confederation,  but  I  believe  this  was  the 
earliest  legislative  action  recommending  a  general  con- 
vention to  revise  the  form  of  government. 

In  January,  1786,  Virginia  initiated  a  movement  for  a 
convention  of  delegates  from  the  several  states  to  con- 
sider important  questions  relating  to  trade  and  com- 
merce. New  York  joined  in  this  movement,  but  a  ma- 
jority of  the  states  did  not,  and  the  convention  was 
therefore  unable  to  accomplish  its  primary  purpose.  It 
reported  the  situation  to  Congress,  expressing  the  opin- 
ion in  substance  that  the  Confederation  was  inefficient, 
and  that  it  was  necessary  to  devise  "such  farther  pro- 
visions as  shall  render  the  same  adequate  to  the  ex- 
igencies of  the  Union,"  and  recommending  a  conven- 
tion to  frame  a  new  constitution.  Congress  concurred 
in  this  view,  and  on  the  21st  of  February,  1787,  adopted 
a  resolution  recommending  a  general  convention  "for 
the  sole  and  express  purpose  of  revising  the  Articles  of 
Confederation,  and  reporting  to  Congress  and  the  sev- 
eral legislatures  such  alterations  and  provisions  therein 


Constitution  of  the  United  States.  107 

as  shall,  when  agreed  to  in  Congress,  and  confirmed  by 
the  states,  render  the  Federal  Constitution  adequate  to 
the  exigencies  of  government,  and  the  preservation  of 
the  Union,"  and  fixed  the  second  Monday  of  May  as  the 
day  for  holding  the  convention.  The  resolution  thus 
adopted  was  presented  by  the  delegates  from  Massa- 
chusetts, and  the  preamble  referred  particularly  to  the 
action  of  New  York  in  reference  to  a  convention. 

The  convention  was  organized  in  Philadelphia  on  the 
25th  of  May,  1787,  by  the  election  of  George  Wash- 
ington as  president,  and  William  Jackson  as  secretary. 
The  convention  adjourned  on  the  17th  of  September. 
It  transmitted  the  constitution  to  Congress,  with  the 
recommendation  that  it  be  submitted  to  conventions 
chosen  by  the  people  in  the  several  states,  and  that  it  be 
put  in  operation  upon  receiving  the  assent  of  nine  states. 
Congress  approved  this  action,  and  conventions  were 
accordingly  held  for  the  purpose  of  considering  the  new 
constitution.  It  was  ratified  by  the  states  in  the  follow- 
ing order:  Delaware,  December  7,  1787;  Pennsylvania, 
December  12,  1787;  New  Jersey,  December  18,  1787; 
Georgia,  January  2,  1788;  Connecticut,  January  9,  1788; 
Massachusetts,  February  6,  1788;  Maryland,  April  28,, 
1788;  South  Carolina,  May  23,  1788;  New  Hampshire, 
June  21,  1788;  Virginia,  June  26,  1788;  New  York,  July 
26,  1788;  North  Carolina,  November  21,  1789;  Rhode 
Island,  May  29,  1790. 

PREAMBLE. 

We,  the  people  of  the  United  States,  in  order  to  form 
a  more  perfect  union,  establish  justice,  ensure  domestic 
tranquillity,  provide  for  the  common  defense,  promote 
the  general  welfare,  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity,  do  ordain  and  establish 
this  Constitution  for  the  United  States  of  America : 


io8  Fundamentals  of  American  Government. 

Note. — The  character  of  the  national  government  as  dis- 
tinguished from  state  governments  has  been  pointed  out  in 
the  Introduction.  The  manner  in  which  the  national  gov- 
ernment came  into  existence  is  specifically  declared  in  the 
preamble,  where  it  is  said  that  the  people  of  the  United 
States  "do  ordain  and  establish  this  Constitution."  The 
Constitution  is  therefore  clearly  the  act  of  the  people. 

This  subject  was  considered  by  Chief  Justice  Marshall  in 
the  case  of  M'Culloch  v.  Maryland  (1819)  4  Wheat.  316, 
4  L.  ed.  579,  in  which  the  court  unanimously  sustained  the 
act  of  Congress  of  the  loth  of  April,  181 6,  incorporating  a 
national  bank.  In  the  course  of  his  opinion  the  Chief  Jus- 
tice, referring  to  the  action  of  the  Continental  Congress  by 
which  the  proposed  Constitution  was  to  be  submitted  to  con- 
ventions chosen  by  the  people  in  the  several  states,  said : 
"They  acted  upon  it  in  the  only  manner  in  which  they  can 
act  safely,  effectively,  and  wisely  on  such  a  subject,  by  as- 
sembling in  convention.  .  .  .  From  these  conventions 
the  Constitution  derives  its  whole  authority.  The  govern- 
ment proceeds  directly  from  the  people ;  is  'ordained  and  es- 
tablished' in  the  name  of  the  people ;"  for  the  purposes  speci- 
fied in  the  preamble.  "The  assent  of  the  states,  in  their 
sovereign  capacity,  is  implied  in  calling  a  convention,  and 
thus  submitting  that  instrument  to  the  people.  But  the  peo- 
ple were  at  perfect  liberty  to  accept  or  reject  it;  and  their  act 
was  final.  .  .  .  The  government  of  the  Union,  then, 
.  .  .  is  emphatically  and  truly  a  government  of  the  peo- 
ple. In  form  and  in  substance  it  emanates  from  them.  Its 
powers  are  granted  by  them,  and  are  to  be  exercised  directly 
on  them,  and  for  their  benefit."  The  power  to  incorporate  a 
national  bank  was  held  to  be  one  of  the  incidental  powers 
conferred  by  the  people  on  the  national  government. 

Chief  Justice  Taney  in  the  Drcd  Scott  Case  (1857)  19 
How.  393,  15  L.  ed.  691,  considering  the  status  of  a  descend- 
ant of  African  negroes  imported  into  this  country  as  slaves, 
said :  "Every  person,  and  every  class  and  description  of 
persons,  who  were,  at  the  time  of  the  adoption  of  the  Con- 
stitution, recognized  as  citizens  in  the  several  states,  became 
also  citizens  of  this  new  political  body ;  but  none  other ;  it 
was  formed  by  them,  and  for  them  and  their  posterity,  but 
for  no  one  else.     And  the  personal  rights  and  privileges 


Constitution  of  the  United  States.  109 

guaranteed  to  citizens  of  this  new  sovereignty  were  intended 
to  embrace  those  only  who  were  then  members  of  the  sev- 
eral state  communities,  or  who  should  afterwards  by  birth- 
right or  otherwise  become  members  according  to  the  pro- 
visions of  the  Constitution  and  the  principles  on  which  it 
was  founded." 

According  to  this  decision,  neither  slaves,  nor  the  descend- 
ants of  slaves  who  had  been  emancipated,  were  counted  as  a 
part  of  the  people  by  and  for  whom  the  Constitution  was 
ordained  and  established.  See  the  14th  Amendment  and 
notes,  post,  166. 

The  Constitution  has  been  the  subject  of  frequent  con- 
sideration by  the  courts  and  by  other  public  officers  who 
have  been  obliged  to  apply  it  in  the  administration  of 
the  government.  Plain  as  most  of  its  provisions  seem  to 
be,  many  conditions  have  arisen  which  could  not  have  been 
known  to  the  men  who  made  the  Constitution,  and  the 
courts  have  had  frequent  occasion  to  determine  whether  it 
actually  did  apply  to  these  new  conditions.  Officers  of  the 
government,  in  the  absence  of  any  other  guide,  exercise 
the  right  to  determine  what  the  Constitution  means,  and 
how  it  should  be  applied  in  a  given  case,  but  doubtful  or 
disputed  questions  must  be  submitted  to  the  courts,  which 
have  the  final  power  to  determine  the  meaning  and  appli- 
cation of  the  Constitution.  Eminent  judges  have  devoted 
their  great  talents  to  an  examination  of  the  Constitution  for 
the  purpose  of  ascertaining  its  proper  meaning,  and  the  ap- 
plications of  its  provisions  to  various  public  affairs,  and 
also  to  statutes  which  have  been  passed  by  Congress  and 
by  state  legislatures.  The  judgment  of  the  courts  in  these 
cases  is  conclusive  within  their  proper  sphere,  and  must  con- 
trol and  regulate  the  action  of  public  officers  and  of  the 
people  themselves. 

No  student  can  fail  to  appreciate  the  wisdom,  the  learn- 
ing, and  the  extent  of  historical  research  displayed  in  many 
of  the  great  opinions  in  which  the  principles  of  our  form  of 
government  have  been  examined  and  explained  by  the 
courts.  A  few  notes  to  the  Constitution  are  here  made, 
for  the  most  part  to  provisions  which  may  be  supposed  to 
possess  a  special  interest  to  the  reader  who  desires  further 
information  concerning  the  history  of  the  instrument  and 


no  Fundamentals  of  American  Government. 

the  policies  intended  to  be  established.  There  are  hundreds 
of  judicial  decisions  in  which  various  provisions  of  the 
Constitution  have  been  considered,  but  it  is  impracticable 
in  a  book  of  this  kind  to  do  more  than  suggest  here  and 
there  a  brief  explanation  of  some  of  the  more  important 
parts  of  the  instrument. 

It  will  be  observed  that  these  notes  contain  many  extracts 
from  opinions  written  by  some  of  our  greatest  judges  who 
have  studied  the  history  and  also  the  meaning  of  various 
provisions  of  the  Constitution.  In  some  cases,  acts  of  Con- 
gress have  been  quoted  or  cited  for  the  purpose  of  showing 
the  manner  in  which  the  Constitution  has  been  put  into  op- 
eration. It  is  hoped  that  these  notes,  though  brief,  will 
aid  the  reader  in  obtaining  a  more  accurate  view  of  the 
Constitution  and  of  his  own  relations  to  our  system  of 
government. 


Constitutwn  of  the  United  States.  m 


ARTICLE   I. 
Section  i. 

I.  [Legislative  power.] — All  legislative  powers, 
herein  granted,  shall  be  vested  in  a  congress  of  the 
United  States,  which  shall  consist  of  a  Senate  and  House 
of  Representatives. 

Note. — Legislative  power  is  vested  primarily  in  Congress, 
and  cannot,  in  general,  be  delegated  to  any  other  authority. 
Wayman  v.  Southard  (1825)  10  Wheat.  42,  6  L.  ed.  262; 
Interstate  Commerce  Commission  v.  Cincinnati,  N.  O.  (C- 
T.  P.  R.  Co.  (1896)  76  Fed.  183,  Affirmed  (1897)  in  167 
U.  S.  479,  42  L.  ed.  243,  17  Sup.  Ct.  Rep.  896.  But  power 
to  regulate  administrative  details  may  be  delegated  to  officers 
who  are  charged  with  the  duty  of  administration  in  particu- 
lar cases.    United  States  v.  Ormsbee  (1896)  74  Fed.  209. 

Section  2. 

I.  [House  of  Representatives;  qualification  o,f 
electors.] — The  House  of  Representatives  shall  be 
composed  of  members  chosen  every  second  year  by 
the  people  of  the  several  states ;  and  the  electors  in 
each  state  shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the  state 
legislature. 

Note. — The  right  to  vote  for  members  of  the  House  of 
Representatives  is  conferred  by  this  section  ( Wiley  v.  Sinkler 
[1900]  179  U.  S.  62,  45  L.  ed.  88,  21  Sup.  Ct.  Rep.  17)  and 
may  be  exercised  by  citizens  of  a  state  who  are  by  its  laws 
qualified  to  vote  for  the  most  numerous  branch  of  the  legis- 
lature  {United  States  v.  Goldman   [1878]   3  Woods,   187, 


112  Fundamentals  of  American  Government. 

Fed.  Cas.  No.  15,225).  For  an  interesting  exposition  of  the 
rule  relating  to  the  qualifications  of  voters,  see  Ex  parte 
Yarbrough  (1884)  no  U.  S.  663,  28  L.  ed.  279,  4  Sup.  Ct. 
Rep.  152. 

2.  [Qualifications  of  representative.] — No  person 
shall  be  a  representative  who  shall  not  have  attained 
to  the  age  of  twenty-five  years,  and  been  seven  years 
a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  state  in  which 
he  shall  be  chosen. 

3.  [Apportionment  of  representatives  and  taxes.] 
— Representatives  and  direct  taxes  shall  be  appor- 
tioned among  the  several  states  which  may  be  in- 
cluded within  this  Union,  according  to  their  respec- 
tive numbers,  which  shall  be  determined  by  adding  to 
the  whole  number  of  free  persons,  including  those 
bound  to  service  for  a  term  of  years,  and  excluding 
Indians  not  taxed,  three  fifths  of  all  other  persons. 
The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of 
ten  years,  in  such  manner  as  they  shall  by  law  direct. 
The  number  of  representatives  shall  not  exceed  one 
for  every  thirty  thousand,  but  each  state  shall  have 
at  least  one  representative;  and  until  such  enumera- 
tion shall  be  made,  the  state  of  New  Hampshire  shall 
be  entitled  to  choose  three,  Massachusetts  eight, 
Rhode  Island  and  Providence  Plantations  one,  Con- 
necticut five.  New  York  six,  New  Jersey  four,  Pennsylva- 
nia eight,  Delaware  one,  Maryland  six,  Virginia  ten, 
North  Carolina  five,  South  Carolina  five,  and  Georgia 
three. 

Note. — The  first  Federal  census  was  taken  in  1790,  the 
next  year  after  the  first  meeting  of  Congress  under  the  Con- 


Constitution  of  the  United  States.  113 

stitution ;  and  a  census  has  been  regularly  taken  every  tenth 
year  since  that  time.  Each  census  is  made  the  basis  of  a  new 
apportionment  of  members  of  the  House  of  Representatives, 
which  apportionment  is  to  continue,  and  members  are  to  be 
elected  under  it,  until  another  apportionment  is  made,  based 
on  a  new  census. 

In  Prigg  V.  Pennsylvania  (1842)  16  Pet.  539,  619,  10 
L.  ed.  1060,  1090,  Mr.  Justice  Story  said:  "Although  the 
Constitution  has  declared  that  representatives  shall  be  ap- 
portioned among  the  states  according  to  their  respective 
Federal  numbers,  and  for  this  purpose  it  has  expressly  au- 
thorized Congress  by  law  to  provide  for  an  enumeration 
of  the  population  every  ten  years,  yet  the  power  to  appor- 
tion representatives  after  this  enumeration  is  made  is  no- 
where found  among  the  express  powers  given  to  Congress, 
but  it  has  always  been  acted  upon  as  irresistibly  flowing 
from  the  duty  positively  enjoined  by  the  Constitution." 

The  phrase  "three  fifths  of  all  other  persons,"  in  this 
section,  micans  slaves,  and  was  one  of  the  compromises  of 
the  Constitution,  by  which  the  inhabitants  of  slave  states 
were  able  to  count  their  slaves  in  apportioning  members  of 
the  House  of  Representatives,  as  against  free  persons,  in- 
cluding negroes,  in  other  states  where  slavery  did  not  exist. 
It  will  be  observed  that  this  rule  was  changed  by  the  14th 
Amendment,  which  directs  that  "representatives  shall  be  ap- 
portioned among  the  several  states  according  to  their  respec- 
tive numbers,  counting  the  whole  number  of  persons  in  each 
state,  excluding  Indians  not  taxed."  This  new  rule  was 
a  necessary  consequence  of  the  abolition  of  slavery,  a  sketch 
of  which  is  given  in  a  note  to  the  13th  Amendment  (post 
161),  and  was  also  made  necessary  by  the  provision  in  the 
first  part  of  the  14th  Amendment,  that  "all  persons  born  or 
naturalized  in  the  United  States,  and  subject  to  the  jurisdic- 
tion thereof,  are  citizens  of  the  United  States  and  of  the 
state  wherein  they  reside." 

Direct  taxes.  The  framers  of  the  Articles  of  Confedera- 
tion (1778)  sought  to  provide  a  method  by  which  the  ex- 
penses of  the  Revolutionary  War  and  other  public  charges 
might  be  equitably  apportioned  among  the  states,  and,  by 
Article  8  of  that  instrument,  declared  that  "all  charges  of 
war,  and  all  other  expenses  that  shall  be  incurred  for  the 
Fund,  of  Am.  Gov. --8. 


114  Fundamentals  of  A}ncrican  Government. 

common  defense  or  general  welfare,  and  allowed  by  the 
United  States  in  Congress  assembled,  shall  be  defrayed  out 
of  a  common  treasury,  which  shall  be  supplied  by  the  several 
states  in  proportion  to  the  value  of  all  land  within  each  state 
granted  to  or  surveyed  for  any  person,  as  such  land  and  the 
buildings  and  improvements  thereon  shall  be  estimated, 
according  to  such  mode  as  the  United  States  in  Congress 
assembled  shall  from  time  to  time  direct  and  appoint.  The 
taxes  for  paying  that  proportion  shall  be  laid  and  levied  by 
the  authority  and  direction  of  the  legislatures  of  the  several 
states,  within  the  time  agreed  upon  by  the  United  States  in 
Congress  assembled." 

The  application  of  this  rule  in  actual  practice  gave  rise  to 
serious  differences  of  opinion  as  to  the  description  and  val- 
uation of  property  to  be  included.  The  quantity  of  land  ac- 
tually surveyed  was  always  open  to  question  and  subject  to 
frequent  examination,  often  involving  new  surveys ;  and  dif- 
ferent views  were  necessarily  entertained  as  to  the  valuation 
of  buildings  and  other  improvements.  After  some  discus- 
sion. Congress  on  the  i8th  of  April,  1783,  amended  the  8th 
Article  by  directing  that  charges  against  the  states  should 
be  apportioned  "according  to  the  whole  number  of  white  and 
other  free  citizens  and  inhabitants  of  every  age,  sex,  and 
condition,  including  those  bound  to  servitude  for  a  term  of 
years,  and  three  fifths  of  all  other  persons  not  comprehended 
in  the  foregoing  description,  except  Indians  not  paying  taxes, 
in  each  state." 

Here  appears  (I  think  for  the  first  time)  the  basis  of  ap- 
portionment, not  only  of  direct  taxes,  but  of  members  of  the 
House  of  Representatives,  which  was  afterwards  included 
in  the  foregoing  section  of  the  Constitution,  including  ap- 
prentices, and  three  fifths  of  the  slaves,  and  excluding 
Indians  not  taxed.  The  framers  of  the  Constitution  mani- 
festly borrowed  this  provision  from  the  amended  Articles 
of  Confederation.  After  the  amendment  of  the  foregoing 
8th  article  of  the  Articles  of  Confederation,  Congress  appor- 
tioned expenses  among  the  states,  and  received  contribu- 
tions directly  from  the  state  treasuries. 

There  has  been  little  occasion  in  our  history  for  the  appli- 
cation of  the  provision  relative  to  direct  taxes,  chiefly  for  the 
reason  that  the  national  government  has  derived  an  income 
from  the  sale  of  public  lands,  from  tariff  and  internal  rev- 


Constitution  of  the  United  States.  115 

enue  duties,  from  the  postal  service,  and  by  other  means 
usually  sufficient  to  defray  the  expenses  of  the  government, 
and  sometimes  in  excess  of  the  amount  needed.  This  excess 
has,  in  a  few  instances,  been  distributed  among  the  states,, 
either  directly  or  to  reimburse  the  states  for  expenses  in- 
curred in  aid  of  the  national  government  in  time  of  war. 

Questions  relating  to  direct  taxes  v.-ere  considered  by  the 
Supreme  Court  of  the  United  States  in  Pollock  v.  Farmers' 
Loan  &  T.  Co.  (1895)  157  U.  S.  429,  39  L.  ed.  759,  15  Sup. 
Ct.  Rep.  673,  158  U.  S.  601,  39  L.  ed.  1 108,  15  Sup.  Ct.  Rep. 
912,  involving  the  validity  of  the  Federal  income  tax  law  of 
August  28,  1894;  and  it  was  there  held  that  taxes  on  real 
estate  and  taxes  on  the  rents  and  income  of  real  estate  are 
direct  taxes,  and  that  taxes  on  personal  property,  or  the  in- 
come of  personal  property,  are  also  direct  taxes ;  that  conse- 
quently the  statute,  which  imposed  a  tax  on  the  income  of 
real  estate  and  personal  property,  was  void,  for  the  reason 
that,  being  a  direct  tax,  it  was  not  apportioned  among  the 
states  according  to  population. 

4.  [Vacancies.] — When  vacancies  happen  in  the 
representation  from  any  state,  the  executive  author- 
ity thereof  shall  issue  writs  of  election  to  fill  such  va- 
cancies. 

5.  [Powers  of  House;  speaker  and  ofncers;  im- 
peachment.]— The  House  of  Representatives  shtill 
choose  their  speaker  and  other  officers;  and  shall  have 
the  sole  povv^er  of  impeachment. 

Section  3. 

1.  [Senate.] — The  Senate  of  the  United  States 
shall  be  composed  of  two  senators  from  each  state, 
chosen  by  the  legislature  thereof,  for  six  years;  and 
each  senator  shall  have  one  vote. 

2.  [Classification;  vacancies.] — Immediately  after 
they  shall  be  assembled,  in  consequence  of  the  first 
election,  they  shall  be  divided,  as  equally  as  may  be,. 


ii6  Fundamentals  of  American  Government. 

into  three  classes.  The  seats  of  the  senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the 
second  year,  of  the  second  class  at  the  expiration  of 
the  fourth  year,  and  of  the  third  class  at  the  expira- 
tion of  the  sixth  year,  so  that  one  third  may  be  chosen 
every  second  year;  and  if  vacancies  happen,  by  resig- 
nation or  otherwise,  during  the  recess  of  the  legis- 
lature of  any  state,  the  executive  thereof  may  make 
temporary  appointments  until  the  next  meeting  of 
the  legislature,  which  shall  then  fill  such  vacancies. 

3.  [Qualifications  of  senator.] — No  person  shall  be 
a  senator  who  shall  not  have  attained  to  the  age  of 
thirty  years,  and  been  nine  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  that  state  for  w^hich  he  shall  be  chosen. 

4.  [President  of  the  Senate.] — The  Vice-President 
of  the  United  States  shall  be  president  of  the  Senate, 
but  shall  have  no  vote  unless  they  be  equally  divided. 

5.  [Officers  of  the  Senate.] — The  Senate  shall 
choose  their  other  officers,  and  also  a  president  pro 
tempore,  in  the  absence  of  the  Vice-President,  or 
when  he  shall  exercise  the  office  of  the  President  of 
the  United  States. 

6.  [Trial  of  impeachments.] — The  Senate  shall 
have  the  sole  power  to  try  all  impeachments.  When 
sitting  for  that  purpose,  they  shall  be  on  oath  or  af- 
firmation. When  the  President  of  the  United  States 
is  tried,  the  chief  justice  shall  preside;  and  no  person 
shall  be  convicted  without  the  concurrence  of  two  thirds 
of  the  members  present. 

Note. — The  English  maxim  that  "the  King  can  do  no 
wrong"  has  no  place  in  the  American  system  of  government. 
The  Supreme  Court  in  Langford  v.  United  States  (1879) 
loi  U.  S.  341,  25  L.  ed.  loio,  considering  the  application 


Constitution  of  the  United  States.  117 

of  this  maxim,  said :  "We  have  no  King  to  whom  it  can  be 
appHed.  The  President,  in  the  exercise  of  the  executive 
functions,  bears  a  nearer  resemblance  to  the  Hmited  monarch 
of  the  EngUsh  government  than  any  other  branch  of  our 
government,  and  is  the  only  individual  to  whom  it  could  pos- 
sibly have  any  relation.  It  cannot  apply  to  him,  because  the 
Constitution  admits  that  he  may  do  wrong,  and  has  pro- 
vided, by  the  proceeding  of  impeachment,  for  his  trial  for 
wrongdoing,  and  his  removal  from  office  if  found  guilty. 
.  .  .  It  is  to  be  observed  that  the  English  maxim  does 
not  declare  that  the  government,  or  those  who  administer  it, 
can  do  no  wrong;  for  it  is  a  part  of  the  principle  itself  that 
wrong  may  be  done  by  the  governing  power,  for  which  the 
ministry,  for  the  time  being,  is  held  responsible;  and  the 
ministers  personally,  like  our  President,  may  be  impeached ; 
or,  if  the  wrong  amounts  to  a  crime,  they  may  be  indicted 
and  tried  at  law  for  the  offense.  We  do  not  understand 
that  either  in  reference  to  the  government  of  the  United 
States,  or  of  the  several  states,  or  of  any  of  their  officers,  the 
English  maxim  has  an  existence  in  this  country." 

7.  [Judgment  in  cases  of  impeachment] — Judg- 
ment, in  cases  of  impeachment,  shall  not  extend  fur- 
ther than  to  removal  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust,  or  profit^ 
under  the  United  States;  but  the  party  convicted 
shall,  nevertheless,  be  liable  and  subject  to  indict- 
ment, trial,  judgment,  and  punishment,  according  to 
law 

Section  4. 


I.  [Senators  and  representatives,  how  elections  reg- 
ulated.]— The  times,  places,  and  manner  of  holding 
elections  for  senators  and  representatives  shall  be 
prescribed  in  each  state  by  the  legislature  thereof;  but 
the  Congress  may,  at  any  time,  by  law,  make  or  alter 


1 18  Fundamentals  of  American  Government. 

such  regulations,  except  as  to  the  places  of  choosing 
senators. 

Note. — This  provision  should  be  read  in  connection  with 
article  i.,  section  2,  clause  i,  which  prescribes  the  qualifica- 
tions of  voters  for  representatives  in  Congress.  The  later 
provision  delegates  to  the  states  the  general  power  to  regu- 
late the  election  of  senators  and  representatives.  The  two 
provisions  illustrate  the  dual  character  of  our  system  of  gov- 
ernment, some  observations  concerning  which  have  been 
made  in  the  Introduction.  State  suffrage  is  made  the  basis 
of  national  suffrage,  but  the  state  cannot  restrict  the  right  to 
vote  for  representatives  unless  it  also  restricts  the  right  to 
vote  for  members  of  the  most  numerous  branch  of  its  legisla- 
ture. Under  our  system  of  government  the  state  furnishes 
the  ordinary  machinery  of  elections,  and  elections  for  rep- 
resentatives in  Congress  are  conducted  under  state  authority. 
This  provision  expressly  delegates  to  the  states  the  power  to 
provide  for  the  conduct  of  elections  of  senators  and  repre- 
sentatives ;  but  the  power  is  not  exclusive,  for  the  same  pro- 
vision reserves  to  Congress  the  right  to  interfere  and  pre- 
scribe regulations  for  the  election  of  Federal  officers,  except 
as  to  the  place  of  choosing  senators. 

This  power  of  Congress  was  sustained  by  the  Supreme 
Court  in  Ex  parte  Sicbold  (1879)  100  U.  S.  371,  25  L.  ed. 
717,  where  it  is  said :  "There  is  no  declaration  that  the  regu- 
lations shall  be  made  either  wholly  by  the  state  legislatures, 
or  wholly  by  Congress.  If  Congress  does  not  interfere,  of 
course  they  may  be  made  wholly  by  the  state ;  but  if  it 
chooses  to  interfere,  there  is  nothing  in  the  words  to  preveiit 
its  doing  so,  either  wholly  or  partially.  ...  It  may 
either  make  the  regulations,  or  it  may  alter  them.  If  it  only 
alters,  leaving,  as  manifest  convenience  requires,  the  general 
organization  of  the  polls  to  the  state,  there  results  a  neces- 
sary co-operation  of  the  two  governments  in  regulating  the 
subject."  The  court  held  that  Congress  had  power  to  reg- 
ulate the  conduct  of  elections  for  representatives  in  Con- 
gress, and  to  make  it  a  penal  ofifense  against  the  United 
States  for  any  officer  of  an  election,  at  an  election  held  for  a 
representative  in  Congress,  to  neglect  to  perform,  or  to  vio- 
late, any  duty  in  regard  to  such  election,  whether  required 


A 


Constitution  of  the  United  States.  119 

by  a  law  of  the  state  or  of  the  United  States.  See  also  Re 
Coy  (1888)  127  U.  S.  731,  32  L.  ed.  274,  8  Sup.  Ct.  Rep. 
1263. 

2.   [Annual  session  of  Congress.] — The  Congress 

shall  assemble  at  least  once  in  every  year;  and  such 
meeting  shall  be  on  the  first  Monday  in  December, 
unless  they  shall,  by  law,  appoint  a  different  day. 

Section  5. 

1.  [General  powers.] — Each  house  shall  be  the 
judge  of  the  elections,  returns,  and  qualifications  of 
its  own  members,  and  a  majority  of  each  shall  con- 
stitute a  quorum  to  do  business ;  but  a  smaller  num- 
ber may  adjourn  from  day  to  day,  and  may  be  author- 
ized to  compel  the  attendance  of  absent  members,  in 
such  manner  and  under  such  penalties  as  each  house 
may  provide. 

2.  [Rules;  punishment  of  members.] — Each  house 
may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior,  and,  with  the  con- 
currence of  two  thirds,  expel  a  member. 

3.  [Journals;  yeas  and  nays.] — Each  house  shall 
keep  a  journal  of  its  proceedings,  and,  from  time  to 
time,  publish  the  same,  excepting  such  parts  as  may, 
in  their  judgment,  require  secrecy;  and  the  yeas  and 
nays  of  the  members  of  either  house,  on  any  question, 
shall,  at  the  desire  of  one  fifth  of  those  present,  be 
entered  on  the  journal. 

4.  [Adjournments.] — Neither  house,  during  the 
session  of  Congress,  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  houses  shall  be 
sittinof. 


120  Fundamentals  of  American  Government. 

Section  6. 

1.  [Compensation;  privileges.] — The  senators  and 
representatives  shall  receive  a  compensation  for  their 
services,  to  be  ascertained  by  law,  and  paid  out  of  the 
treasury  of  the  United  States.  They  shall,  in  all 
cases,  except  treason,  felony,  and  breach  of  the  peace, 
be  pri\aleged  from  arrest  during  their  attendance  at 
the  session  of  their  respective  houses,  and  in  going  to 
and  returning  from  the  same ;  and  for  any  speech  or 
debate  in  either  house  they  shall  not  be  questioned  in 
any  other  place. 

2.  [Members  not  to  hold  certain  offices.] — No 
senator  or  representative  shall,  during  the  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  United  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall 
have  been  increased,  during  such  time;  and  no  person 
holding  any  office  under  the  United  States  shall  be  a 
member  of  either  house  during  his  continuance  in 
office. 

Section  7. 

1.  [Revenue  bills.] — All  bills  for  raising  revenue 
shall  originate  in  the  House  of  Representatives;  but 
the  Senate  may  propose  or  concur  with  amendments, 
as  on  other  bills. 

2.  [President's  action  on  bills;  repassage.] — Every 
bill  which  shall  have  passed  the  House  of  Represen- 
tatives and  the  Senate  shall,  before  it  becomes  a  law, 
be  presented  to  the  President  of  the  United  States;  if 
he  approve  he  shall  sign  it,  but  if  not,  he  shall  return 
it,  with  his  objections,  to  that  house  in  which  it  shall 
have  originated,  who  shall  enter  the  objections,  at 


Constitution  of  the  United  States.  121 

large,  on  their  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  two  thirds  of  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered,  and  if  approved  by  twa 
thirds  of  that  house,  it  shall  become  a  law.  But  in  all 
cases  the  votes  of  both  houses  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  persons  voting 
for  and  against  the  bill  shall  be  entered  on  the  journal 
of  each  house  respectively.  If  any  bill  shall  not  be 
returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  Congress,  by  their  adjournment, 
prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

3.  [Concurrent  resolutions,  President's  approval,] 
— Every  order,  resolution,  or  vote  to  which  the  con- 
currence of  the  Senate  and  House  of  Representatives 
may  be  necessary  (except  on  a  question  of  adjourn- 
ment) shall  be  presented  to  the  President  of  the 
United  States;  and  before  the  same  shall  take  effect, 
shall  be  approved  by  him  ;  or,  being  disapproved  by 
him,  shall  be  re-passed  by  two  thirds  of  the  Senate 
and  House  of  Representatives,  according  to  the  rules 
and  limitations  prescribed  in  the  case  of  a  bill. 

Section  8. 

[Powers  of  Congress.] — The  Congress  shall  have 
power : 

I.  To  lay  and  collect  taxes,  duties,  imposts,  and  ex- 
cises; to  pay  the  debts  and  provide  for  the  common 
defense  and  general  welfare  of  the  United  States;  but 
all  duties,  imposts,  and  excises  shall  be  uniform 
throughout  the  United  States; 


122  Fundamentals  of  American  Government. 

Note. — "These  two  classes,  taxes  so-called,  and  'duties, 
imposts,  and  excises,'  apparently  embrace  all  forms  of  taxa- 
tion contemplated  by  the  Constitution.  .  .  .  There  is  no 
occasion  to  attempt  to  confine  the  words  'duties,  imposts,  and 
excises'  to  the  limits  of  precise  definition.  We  think  that 
they  were  used  comprehensively  to  cover  customs  and  exise 
duties  imposed  on  importation,  consumption,  manufacture, 
and  sale  of  certain  commodities,  privileges,  particular  busi- 
ness transactions,  vocations,  occupations,  and  the  like.  Taxes 
of  this  sort  have  been  repeatedly  sustained  by  this  court, 
and  distinguished  from  direct  taxes  under  the  Constitution." 
Thomas  v.  United  States  (1904)  192  U.  S.  363,  48  L.  ed. 
481,  24  Sup.  Ct.  Rep.  305,  sustaining  the  validity  of  the 
stamp  tax  on  the  transfer  of  corporate  stock  under  the  Fed- 
eral war  revenue  act  of  1898.  See  also  McCray  v.  United 
States  (1904)  195  U.  S.  27,  49  L.  ed.  78,  24  Sup.  Ct.  Rep. 
769,  sustaining  the  act  of  Congress  of  1886,  as  amended  in 
1902,  imposing  a  tax  on  oleomargarine  under  specified  con- 
ditions. 


2.  To  borrow  money  on  the  credit  of  the  United 
States; 


Note. — "The  power  to  'borrow  money  on  the  credit  of  the 
United  States'  is  the  power  to  raise  money  for  the  public  use 
on  a  pledge  of  the  public  credit,  and  may  be  exercised  to 
meet  either  present  or  anticipated  expenses  and  liabilities  of 
the  government.  It  includes  the  power  to  issue,  in  return  for 
the  money  borrowed,  the  obligations  of  the  United  States  in 
any  appropriate  form,  of  stocks,  bonds,  bills,  or  notes. 
.  .  .  Congress  has  authority  to  issue  these  obligations  in 
a  form  adapted  to  circulation  from  hand  to  hand  in  the  ordi- 
nary transactions  of  commerce  and  business.  In  order  to 
promote  and  facilitate  such  circulation,  to  adapt  them  to  use 
as  currency,  and  to  make  them  more  current  in  the  market, 
it  may  provide  for  their  redemption  in  coin  or  bills,  and  may 
make  them  receivable  in  payment  of  debts  to  the  govern- 
ment." Legal  Tender  Case  (1884)  no  U.  S.  444,  28  L.  ed. 
213,  4  Sup.  Ct.  Rep.  122. 


Constitution  of  the  United  States.  12^ 

3.  To  regulate  commerce  with  foreign  nations,  and 
among  the  several  states,  and  with  the  Indian  tribes; 

Note. — The  power  of  Congress  to  regulate  commerce  was 
considered  by  the  Supreme  Court  in  Gibbons  v.  Ogden 
(1824)  9  Wheat.  I,  6  L.  ed.  23,  where  Qiief  Justice  Mar- 
shall, among  other  things,  said :  "Commerce,  undoubtedly, 
is  traffic,  but  it  is  something  more :  it  is  intercourse.  It  de- 
scribes the  commercial  intercouse  between  nations,  and  parts 
of  nations,  in  all  its  branches,  and  is  regulated  by  prescrib- 
ing rules  for  carrying  on  that  intercourse.  ...  All 
America  understands,  and  has  uniformly  understood,  the 
word  'commerce'  to  comprehend  navigation.  .  .  .  The 
power  over  commerce,  including  navigation,  was  one  of  the 
primary  objects  for  which  the  people  of  America  adopted 
their  government,  and  must  have  been  contemplated  in 
forming  it."  The  power  is  to  regulate ;  that  is,  to  prescribe 
the  rule  by  which  commerce  is  to  be  governed.  This  power 
applies  not  only  to  commerce  with  foreign  nations,  but 
among  the  several  states  and  with  the  Indian  tribes.  See 
also  State  Tonnage  Tax  Cases  {Cox  v.  Lott)  (1870)  12 
Wall.  214,  20  L.  ed.  373.  , 

Numerous  questions  relating  to  the  exercise  of  this  power 
by  Congress  have  been  considered  by  the  courts,  involving 
almost  every  conceivable  aspect  of  the  subject.  The  deci- 
sions maintain  the  power  to  its  fullest  extent,  declare  that 
Congress  may  prescribe  the  subjects  on  which  the  power  is- 
to  act,  and  may  prescribe  detailed  regulations  concerning 
the  application  of  the  power,  even  if  these  regulations  reach 
into  an  individual  state  and  create  new  situations,  or  affect 
existing  situations  there.  It  is  a  very  comprehensive  power 
when  applied  within  its  proper  sphere;  namely,  to  com- 
merce with  foreign  nations,  or  among  the  several  states,  or 
with  Indian  tribes. 

4.  To  establish  an  uniform  rule  of  naturalization, 
and  uniform  laws  on  the  subject  of  bankruptcies 
throughout  the  United  States; 

]Slote. — The  power  of  naturalization  is  to  confer  citizen- 
ship, and  not  the  power  to  take  it  away.     United  States  v. 


124  Fundamentals  of  American  Government. 

Wong  Kim  Ark  (1898)  169  U.  S.  703,  42  L.  ed.  910,  18 
Sup.  Ct.  Rep.  456.  But  see  the  expatriation  law  of  1907, 
which  is  given  at  length  in  a  subsequent  part  of  this  book 
(post,  210),  and  which  has  created  a  presumption  that  a 
residence  for  a  prescribed  time  and  under  specified  condi- 
tions by  a  naturalized  citizen  in  his  native  country,  or  in  any 
other  foreign  country,  shall  be  deemed  an  abandonment  of 
his  American  citizenship. 

As  to  the  naturalization  of  Indians,  see  Boyd  v.  Nebraska 
(1892)  143  U.  S.  162,  36  L.  ed.  109,  12  Sup.  Ct.  Rep.  375, 
which  contains  several  references  to  legislation  and  judicial 
decisions  on  this  subject. 

Bankruptcy.  This  power  is  plenary,  and  general  in  its  ap- 
plication, and  Congress  possesses  unrestricted  authority  over 
the  entire  subject.  Re  Klein  (1843)  i  How.  277,  note,  11  L. 
ed.  130,  note;  Hanover  Nat.  Bank  v.  Moyses  (1902)  186  U. 
S.  187,  46  L.  ed.  1 1 19,  22  Sup.  Ct.  Rep.  857. 

5.  To  coin  money,  regulate  the  value  thereof,  and 
of  foreign  coin ;  and  fix  the  standard  of  weights  and 
measures ; 

Note. — "Under  the  power  to  coin  money  and  to  regulate 
its  valr/".  Congress  may  (as  it  did  with  regard  to  gold  by  the 
act  of  June  28,  1834,  chap.  95,  and  with  regard  to  silver  by 
the  act  of  February  28,  1878,  chap.  20)  issue  coins  of  the 
same  denominations  as  those  already  current  by  law,  but  of 
less  intrinsic  value  than  those,  by  reason  of  containing  a  less 
weight  of  the  precious  metals,  and  thereby  enable  debtors  to 
discharge  their  debts  by  the  payment  of  coins  of  the  less  real 
value.  A  contract  to  pay  a  certain  sum  in  money,  without 
any  stipulation  as  to  the  kind  of  money  in  which  it  shall  be 
paid,  may  always  be  satisfied  by  payment  of  that  sum  in  any 
currency  which  is  lawful  money  at  the  place  and  time  at 
which  payment  is  to  be  made."  Legal  Tender  Case  (1884) 
no  U.  S.  449,  28  L.  ed.  215,  4  Sup.  Ct.  Rep.  122. 

The  provision  relating  to  the  power  to  coin  money  does 
not  contain  any  implication  that  nothing  but  that  which  is  the 
subject  of  coinage,  nothing  but  the  precious  metals,  can  ever 
be  declared  by  law  to  be  money,  or  to  have  the  uses  of  money. 
"So  far  from  its  containing  a  lurking  prohibition,  many  have 


Constitution  of  the  United  States.  125 

thought  it  was  intended  to  confer  upon  Congress  that  gen- 
eral power  over  the  currency  which  has  always  been  an  ac- 
knowledged attribute  of  sovereignty  in  every  other  civilized 
nation  than  our  own, — especially  when  considered  in  connec- 
tion with  the  other  clause,  which  denies  to  the  states  the 
power  to  coin  money,  emit  bills  of  credit,  or  make  anything 
but  gold  and  silver  coin  a  tender  in  payment  of  debts."  By 
the  Constitution  "it  was  designed  to  provide  the  same  cur- 
rency having  a  uniform  equal  value  in  all  the  states.  It  was 
for  this  reason  the  power  to  coin  money  and  regulate  its 
value  was  conferred  upon  the  Federal  government,  while  the 
same  power,  as  well  as  the  power  to  emit  bills  of  credit,  was 
withdravv^n  from  the  states.  The  states  can  no  longer  de- 
clare what  shall  be  money,  or  regulate  its  value.  Whatever 
power  there  is  over  the  currency  is  vested  in  Congress." 
Legal  Tender  Cases  (1870)  12  Wall.  457,  544,  20  L.  ed.  287, 
310,  sustaining  the  legal  tender  acts,  and  declaring  them 
valid  both  as  to  contracts  made  before  they  were  passed,  and 
also  as  to  subsequent  contracts. 

6.  To  provide  for  the  punishment  of  counterfeiting 
the  securities  and  current  coin  of  the  United  States; 

7.  To  establish  postoffices  and  postroads ; 

8.  To  promote  the  progress  of  science  and  useful 
arts,  by  securing,  for  limited  times,  to  authors  and  in- 
ventors, the  exclusive  right  to  their  respective  wrft- 
ings  and  discoveries; 

Note. — There  is  no  common-law  copyright;  but,  as  it 
exists  in  the  United  States,  it  depends  wholly  on  the  legisla- 
tion of  Congress.  Banks  v.  Manchester  (1888)  128  U.  S. 
252,  32  L.  ed.  428,  9  Sup.  Ct.  Rep.  36. 

"The  power  of  Congress  to  legislate  upon  the  subject  of 
patents  is  plenary  by  the  terms  of  the  Constitution,  and,  as 
there  are  no  restraints  on  its  exercise,  there  can  be  no  limita- 
tion of  their  right  to  modify  them  at  their  pleasure,  so  that 
they  do  not  take  away  the  rights  of  property  in  existing  pat- 
ents." McClurg  V.  Kingsland  (1843)  i  How.  206,  11  L.  ed. 
103. 


126  Fundamentals  of  American  Government. 

9.  To  constitute  tribunals  inferior  to  the  supreme 
court ; 

10.  To  define  and  punish  piracies  and  felonies  com- 
mitted on  the  high  seas,  and  offenses  against  the  law 
of  nations; 

11.  To  declare  war,  grant  letters  of  marque  and  re- 
prisal, and  make  rules  concerning  captures  on  land 
and  water; 

12.  To  raise  and  support  armies,  but  no  appropria- 
tion of  money  to  that  use  shall  be  for  a  longer  term 
than  two  years; 

13.  To  provide  and  maintain  a  navy; 

14.  To  make  rules  for  the  government  and  regula- 
tion of  the  land  and  naval  forces ; 

15.  To  provide  for  calling  forth  the  militia  to  exe- 
cute the  laws  of  the  Union,  suppress  insurrections, 
and  repel  invasions; 

Note. — The  power  expressed  in  this  section  was  consid- 
ered in  Martin  v.  Mott  (1827)  12  Wheat.  29,  6  L.  ed.  540, 
where  Mr.  Justice  Story,  speaking  for  the  Supreme  Court, 
said,  among  other  things,  that  the  power  to  "repel  invasions 
includes  the  power  to  provide  against  the  attempt  and  danger 
of  invasion,  as  the  necessary  and  proper  means  to  effectuate 
the  object.  One  of  the  best  means  to  repel  invasion  is  to  pro- 
vide the  requisite  force  for  action  before  the  invader  himself 
has  reached  the  soil."  Construing  the  act  of  1795,  which 
provided  that  'Svhenever  the  United  States  shall  be  invaded, 
or  be  in  imminent  danger  of  invasion  from  any  foreign 
nation  or  Indian  tribe,  it  shall  be  lawful  for  the  President  of 
the  United  States  to  call  forth  such  number  of  the  militia 
of  the  state  or  states  most  convenient  to  the  place  of  danger 
or  scene  of  action  as  he  may  judge  necessary  to  repel  such 
invasion,  and  to  issue  his  order  for  that  purpose  to  such  of- 
ficer or  officers  of  the  militia  as  he  shall  think  proper,"— the 
court  said :  "The  authority  to  decide  whether  the  exigency 
has  arisen  belongs  exclusively  to  the  President,  and  that  his 
decision  is  conclusive  upon  all  other  persons." 


Constitution  of  the  United  States.  127 

16.  To  provide  for  organizing,  arming,  and  dis- 
ciplining the  militia,  and  for  governing  such  part  of 
them  as  may  be  employed  in  the  service  of  the  United 
States,  reserving  to  the  states,  respectively,  the  ap- 
pointment of  the  officers,  and  the  authority  of  train- 
ing the  militia,  according  to  the  discipline  prescribed 
by  Congress ; 

17.  To  exercise  exclusive  legislation  in  all  cases 
whatsoever,  over  such  district  (not  exceeding  ten 
miles  square)  as  may,  by  cession  of  particular  states 
and  the  acceptance  of  Congress,  become  the  seat  of 
government  of  the  United  States,  and  to  exercise  like 
authority  over  all  places  purchased  by  the  consent  of 
the  legislature  of  the  state,  in  which  the  same  shall 
be,  for  the  erection  of  forts,  magazines,  arsenals, 
dockyards,  and  other  needful  buildings;  and 

18.  To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing 
powers,  and  all  other  powers  vested  by  this  Constitu- 
tion in  the  government  of  the  United  States,  or  in 
any  department  or  officer  thereof. 

Section  9. 

1.  [Slave  trade.] — The  migration  or  importation 
of  such  persons  as  any  of  the  states  now  existing  shall 
think  proper  to  admit  shall  not  be  prohibited  by  the 
Congress  prior  to  the  year  one  thousand  eight  hun- 
dred and  eight;  but  a  tax  or  duty  may  be  imposed  on 
such  importation,  not  exceeding  ten  dollars  for  each 
person. 

2.  [Habeas  corpus.] — The  privilege  of  the  writ  of 
habeas  corpus  shall  not  be  suspended,  unless  when, 
in  cases  of  rebellion  or  invasion,  the  public  safety  may 
require  it. 


128  Fundamentals  of  American  Government. 

Note. — Sir  William  Blackstone,  in  his  Commentaries  on 
the  English  Law,  calls  the  habeas  corpus  act  of  31  Car.  II. 
(1679)  that  "great  bulwark  of  the  English  Constitution;" 
and  he  also  speaks  of  it  "as  a  second  Magna  Charta."  It 
provided  ample  remedies  for  unlawful  imprisonment,  re- 
quired a  prompt  inquiry  into  the  cause  of  such  imprisonment, 
and  the  discharge  of  a  prisoner,  or  his  release  on  bail  if  it 
was  shown  that  he  had  been  wrongfully  deprived  of  his  lib- 
erty. It  is  the  highest  writ  available  to  the  citizen,  and  its 
preservation  is  absolutely  necessary  for  the  protection  of 
personal  liberty. 

The  Constitution  prohibits  the  suspension  of  the  writ  ex- 
cept in  extraordinary  emergencies.  Such  an  emergency  was 
deemed  to  exist  during  the  Civil  War,  when,  on  the  3d  of 
March,  1863,  Congress  passed  an  act,  the  first  in  our  his- 
tory, authorizing  the  President  to  suspend  the  writ  in  any 
part  of  the  United  States  during  the  existence  of  the  rebel- 
lion ;  but  provision  was  made  for  continuing  the  use  of  the 
writ  in  states  where  the  regular  administration  of  justice  had 
not  been  interrupted  by  the  war.  The  act  also  provided  for 
trials  by  military  commissions,  but  still  sought  to  protect  the 
liberty  of  the  person  accused  by  authorizing  him  to  apply  for 
a  writ  of  habeas  corpus  under  prescribed  and  easy  conditions, 
so  that,  even  after  action  by  a  military  commission,  there 
might  be  a  judicial  injuiry  into  the  cause  of  his  detention. 

President  Lincoln  issued  a  proclamation  on  the  15th  of 
September,  1863  (13  Stat,  at  L.  734,  appx.),  suspending  the 
writ  throughout  the  United  States  in  all  cases  "where,  by  the 
authority  of  the  President  of  the  United  States,  military, 
naval,  and  civil  officers  of  the  United  States,  or  any  of  them, 
hold  persons  under  their  command  or  in  their  custody,  either 
as  prisoners  of  war,  spies,  or  aiders  or  abettors  of  the  enemy, 
or  officers,  soldiers,  or  seamen  enrolled  or  drafted  or  mus- 
tered or  enlisted  in,  or  belonging  to,  the  land  or  naval  forces 
of  the  United  States,  or  as  deserters  therefrom,  or  otherwise 
amenable  to  military  law,  or  the  rules  and  articles  of  war, 
or  the  rules  or  regulations  prescribed  for  the  military  and 
naval  services  by  authority  of  the  President  of  the  United 
States,  or  for  resisting  a  draft,  or  for  any  other  offense 
against  the  military  or  naval  service."     The  suspension  of 


Constitution  of  the  United  States.  129 

the  writ  was  to  continue  during  the  existence  of  the  rebellion, 
or  until  the  proclamation  should  be  revoked. 

The  object  of  the  suspension  is  to  authorize  for  the  time 
being  the  imprisonment  of  persons,  without  giving  any  rea- 
son for  so  doing,  and  without  legal  cause  or  warrant,  as  a 
means  of  preserving  the  Republic  from  imminent  danger. 
Congress  has  exclusive  power  to  determine  when  a  suspen- 
sion of  the  writ  is  necessary  or  proper.  McCall  v.  McDow- 
ell (1867)  Deady,  233,  Fed.  Cas.  No.  8,673. 

3.  [Ex  post  facto  law.] — No  bill  of  attainder  or 
ex  post  facto  law  shall  be  passed. 

Note. — A  bill  of  attainder  is  a  special  act  of  the  legislature 
which  inflicts  punishment  without  a  judicial  trial.  If  the 
punishment  is  less  than  death,  the  act  is  called  a  bill  of  pains 
and  penalties.  Re  Ytmg  Sing  Hee  (1888)  36  Fed.  437.  It 
is  elsewhere  defined  as  "  'a  legislative  act  which  inflicts  pun- 
ishment without  a  judicial  trial,'  where  the  legislative  body 
exercises  the  office  of  judge,  and  assumes  judicial  magis- 
tracy, and  pronounces  on  the  guilt  of  a  party  without  any 
of  the  forms  or  safeguards  of  a  trial,  and  fixes  the  punish- 
ment." Re  De  Giacomo  (1874)  12  Blatchf.  391,  Fed.  Cas. 
No.  3,747. 

An  ex  post  facto  law  was  thus  defined  by  Mr.  Justice 
Chase,  in  Colder  v.  Bull  (1798)  3  Dall.  386,  i  L.  ed.  648: 
"First.  Every  law  that  makes  an  action  done  before  the  pass- 
ing of  the  law,  and  which  was  innocent  when  done,  criminal, 
and  punishes  such  action.  Second.  Every  law  that  aggra- 
vates a  crime,  or  makes  it  greater  than  it  was  when  com- 
mitted. Third.  Every  law  that  changes  the  punishment,  and 
inflicts  a  greater  punishment  than  the  law  annexed  to  the 
crime  when  committed.  Fourth.  Every  law  that  alters  the 
legal  rules  of  evidence,  and  receives  less  or  different  testi- 
mony than  the  law  required  at  the  time  of  the  commission 
of  the  offense  in  order  to  convict  the  offender." 

The  prohibition  against  ex  post  facto  laws  applies  to  a 
state  constitution  as  well  as  to  a  statute.  See  Kring  v.  Mis- 
souri (1882)  107  U.  S.  221,  27  L.  ed.  506,  2  Sup.  Ct.  Rep. 
443,  where  it  was  held  that  a  provision  in  the  Missouri  Con- 
stitution of  1875,  which  in  effect  permitted  a  conviction  for 
Fund    of  Am.  Gov. — 9. 


130  Fundamenals  of  American  Government. 

murder  in  the  first  degree  after  the  reversal  of  an  erroneous 
judgment  entered  on  a  plea  of  guilty  of  murder  in  the  second 
degree,  was  an  ex  post  facto  law  as  to  the  offense  in  that 
case,  which  was  committed  before  the  Constitution  went  into 
effect ;  and  the  court  held  that  a  law  is  ex  post  facto  which 
is  enacted  after  the  offense  is  committed,  and  which,  in  rela- 
tion to  it  or  its  consequences,  alters  the  situation  of  the  ac- 
cused to  his  disadvantage, 

4.  [Direct  taxes.] — No  capitation  or  other  direct 
tax  shall  be  laid,  unless  in  proportion  to  the  census  or 
enumeration  hereinbefore  directed  to  be  taken. 

5.  [State  exports.] — No  tax  or  duty  shall  be  laid 
on  articles  exported  from  any  state.  No  preference 
shall  be  given  by  any  regulation  of  commerce  or  reve- 
nue to  the  ports  of  one  state  over  those  of  another; 
nor  shall  vessels  bound  to  or  from  one  state  be 
obliged  to  enter,  clear,  or  pay  duties  in  another. 

6.  [Appropriations;  statement  and  account.] — No 
money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  appropriations  made  by  law ;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

7.  [Titles  of  nobility  and  presents  from  foreign 
state.] — No  title  of  nobility  shall  be  granted  by  the 
United  States;  and  no  person  holding  any  office  of 
profit  or  trust  under  them  shall,  without  the  consent 
of  the  Congress,  accept  any  present,  emolument,  of- 
fice, or  title  of  any  kind  whatever,  from  any  king, 
prince,  or  foreign  state. 

Section  10. 

I.  [State   not   to   exercise   certain   powers.] — No 

state   shall   enter   into   any   treaty,   alliance,   or   con- 
federation; grant  letters  of  marque  and  reprisal;  coin 


Constitution  of  the  United  States.  131 

money;  emit  bills  of  credit;  make  anything  but  gold 
and  silver  coin  a  tender  in  payment  of  debts ;  pass  any 
bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligation  of  contracts ;  or  grant  any  title  of  nobility. 


Note. — The  subject  of  laws  impairing  the  obligation  of 
contracts  covers  a  wide  field,  and  many  questions  have  been 
submitted  to  the  courts,  in  which  statutes  have  been  attacked 
as  unconstitutional  because  they  violated  this  provision.  The 
prohibition  in  terms  applies  only  to  the  states,  and  does  not 
apply  to  the  same  extent  to  the  United  States,  though  in  its 
spirit  it  is  deemed  applicable  to  legislation  by  Congress  which 
is  not  expressly  authorized  by  the  Constitution.  Each  statute 
must  be  judged  by  itself.  Judicial  decisions  under  this 
clause  are  very  numerous,  and  involve  a  great  variety  of 
questions.  It  need  only  be  said  here  that  the  courts  have 
quite  rigidly  sustained  the  policy  of  this  provision,  which 
seeks  to  protect  from  legislative  interference  contracts  made 
by  individuals  with  one  another,  or  with  municipal  or  other 
corporations,  or  with  the  state. 

2.  [Congress  may  authorize  exercise  of  certain 
powers  by  states.] — No  state  shall,  without  the  con- 
sent of  the  Congress,  lay  any  imposts,  or  duties  on  im- 
ports or  exports,  except  what  may  be  absolutely 
necessary  for  executing  its  inspection  laws;  and  the 
net  produce  of  all  duties  and  imposts  laid  by  any  state 
on  imports  or  exports  shall  be  for  the  use  of  the  treas- 
ury of  the  United  States;  and  all  such  laws  shall  be 
subject  to  the  revision  and  control  of  the  Congress. 
No  state  shall,  without  the  consent  of  Congress,  lay 
any  duty  of  tonnage,  keep  troops,  or  ships  of  war  in 
time  of  peace,  enter  into  any  agreement  or  compact 
with  another  state  or  with  a  foreign  power,  or  engage 
in  war,  unless  actually  invaded  or  in  such  imminent 
danger  as  will  not  admit  of  delay. 


132  Fundamcnlals  of  American  Government. 

ARTICLE  II. 

Section   i. 

I.  [President  and  Vice-President.] — The  executive 
power  shall  be  vested  in  a  President  of  the  United 
States  of  America.  He  shall  hold  his  office  during 
the  term  of  four  years,  and,  together  with  the  Vice- 
President,  chosen  for  the  same  term,  be  elected  as 
follows : 

Note. — The  power  of  the  President  as  the  executive  head 
of  the  nation  was  considered  by  Chief  Justice  Marshall  in 
Marbury  v.  Madison  (1803)  i  Cranch,  137,  165,  2  L.  ed.  60, 
69,  in  an  elaborate  opinion,  from  which  the  following  ob- 
servations are  quoted : 

"By  the  Constitution  of  the  United  States,  the  President 
is  invested  with  certain  important  political  powers,  in  the  ex- 
ercise of  which  he  is  to  use  his  own  discretion,  and  is  ac- 
countable only  to  his  country  in  his  political  character,  and 
to  his  own  conscience.  To  aid  him  in  the  performance  of 
these  duties,  he  is  authorized  to  appoint  certain  officers,  who 
act  by  his  authority  and  in  conformity  with  his  orders. 

"In  such  cases,  their  acts  are  his  acts ;  and  whatever  opin- 
ion may  be  entertained  of  the  manner  in  which  executive  dis- 
cretion may  be  used,  still  there  exists,  and  can  exist,  no  pow- 
er to  control  that  discretion.  The  subjects  are  political. 
They  respect  the  nation,  not  individual  rights,  and,  being  en- 
trusted to  the  Executive,  the  decision  of  the  Executive  is 
conclusive.  .  .  .  But  when  the  legislature  proceeds  to 
impose  on  that  officer  other  duties ;  when  he  is  directed  per- 
emptorily to  perform  certain  acts ;  when  the  rights  of  indi- 
viduals are  dependent  on  the  performance  of  those  acts, — he 
is  so  far  the  officer  of  the  law ;  is  amenable  to  the  laws  for 
his  conduct;  and  cannot  at  his  discretion  sport  away  the 
vested  rights  of  others. 

"The  conclusion  from  this  reasoning  is  that  where  the 
heads  of  departments  are  the  political  or  confidential  agents 
of  the  Executive,  merely  to  execute  the  will  of  the  President, 
or,  rather,  to  act  in  cases  in  which  the  Executive  possesses 


Constitution  of  the  United  States.  133 

a  constitutional  or  legal  discretion,  nothing  can  be  more  per- 
fectly clear  than  that  their  acts  are  only  politically  examin- 
able. But  where  a  specific  duty  is  assigned  by  law,  and  in- 
dividual rights  depend  upon  the  performance  of  that  duty, 
it  seems  equally  clear  that  the  individual  who  considers  him- 
self injured  has  a  right  to  resort  to  the  laws  of  his  country 
for  a  remedy. 

"The  povver  of  nominating  to  the  senate,  and  the  power 
of  appointing  the  person  nominated,  are  political  powers,  to 
be  exercised  by  the  President  according  to  his  own  discre- 
tion. When  he  has  made  an  appointment,  he  has  exercised 
his  whole  power,  and  his  discretion  has  been  completely  ap- 
plied to  the  case.  If,  by  law,  the  officer  be  removable  at  the 
will  of  the  President,  then  a  new  appointment  may  be  im- 
mediately made." 

The  plaintiff  had  been  appointed  by  the  President  as  one 
of  the  justices  of  the  peace  of  the  county  of  Washington  in 
the  District  of  Columbia.  His  commission  had  been  signed 
by  the  President,  John  x\dams,  and  the  great  seal  of  tlie 
United  States  had  been  attached  thereto.  It  was  the  duty 
of  the  Secretary  of  State  to  deliver  the  commission  to  the  ap- 
pointee, but  it 'was  not  delivered.  The  court  held  that  the 
appointment  was  complete,  and  that  the  plaintiff  was  en- 
titled to  a  writ  of  mandamus  against  the  Secretary  of  State, 
then  James  Madison,  to  compel  the  delivery  of  the  commis- 
sion, but  that  the  Supreme  Court  had  no  power  to  issue  such 
a  writ. 

2.  [Election.] — Each  state  shall  appoint,  in  such 
manner  as  the  legislature  thereof  may  direct,  a  num- 
ber of  electors  equal  to  the  whole  number  of  senators 
and  representatives  to  which  the  state  may  be  entitled 
in  the  Congress;  but  no  senator  or  representative,  or 
person  holding  an  office  of  trust  or  profit  under  the 
United  States,  shall  be  appointed  an  elector. 

3.  [Election  of  President  and  Vice-President.] — 
The  electors  shall  meet  in  their  respective  states  and 
vote  by  ballot  for  two  persons,  of  whom  one.  at  least, 
shall  not  be  an   inhabitant   of  the   same   state  with 


134  Fundamentals  of  American  Government. 

themselves.  And  they  shall  make  a  list  of  all  the  per- 
sons voted  for,  and  of  the  number  of  votes  for  each, 
v^hich  list  they  shall  sign  and  certify  and  transmit 
sealed  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  president  of  the  Senate.  The 
president  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the 
certificates,  and  the  votes  shall  then  be  counted.  The 
person  having  the  greatest  number  of  votes  shall  be 
the  President,  if  such  number  be  a  majority  of  the 
whole  number  of  electors  appointed;  and  if  there  be 
more  than  one  who  have  such  majority,  and  have  an 
equal  number  of  votes,  then  the  House  of  Represen- 
tatives shall  immediately  choose,  by  ballot,  one  of 
them  for  President ;  and  if  no  person  have  a  majority, 
then  from  the  five  highest  on  the  list,  the  said  Housxi 
shall,  in  like  manner,  choose  the  President.  But  in 
choosing  the  President  the  votes  shall  be  taken  by 
states,  the  representation  from  each  state  having  one 
vote;  a  quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two  thirds  of  the  states, 
and  a  majority  of  all  the  states  shall  be  necessary  to  a 
choice.  In  every  case,  after  the  choice  of  the  Presi- 
dent, the  person  having  the  greatest  number  of  votes 
of  the  electors  shall  be  the  Vice-President.  But  if 
there  should  remain  two  or  more  who  have  equal 
votes,  the  Senate  shall  choose  from  them,  by  ballot, 
the  Vice-President. 

4.  [Time  of  choosing  electors.] — The  Congress 
may  determine  the  time  of  choosing  the  electors,  and 
the  day  on  which  they  shall  give  their  votes,  which 
day  shall  be  the  same  throughout  the  United  States. 

5.  [ Qualifier tions  of  President.] — No  person,  ex- 
cept a  natural-born  citizen,  or  a  citizen  of  the  United 


C  onstitution  of  the  United  States.  135 

States  at  the  time  of  the  adoption  of  this  Constitution, 
shall  be  eligible  to  the  office  of  President;  neither 
shall  any  person  be  eligible  to  that  office  who  shall 
not  have  attained  to  the  age  of  thirty-five  years,  and 
been  fourteen  years  a  resident  within  the  United 
States. 

6.  [Vice-President  to  serve  in  case  of  vacancy.] — 
In  case  of  the  removal  of  the  President  from  office,  or 
of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  de- 
volve on  the  Vice-President;  and  the  Congress  may, 
by  law,  provide  for  the  case  of  removal,  death,  resig- 
nation, or  inability,  both  of  the  President  and  Vice- 
President,  declaring  what  officer  shall  then  act  as 
President;  and  such  officer  shall  act  accordingly  until 
the  disability  be  removed,  or  a  President  shall  be 
elected. 

Note. — The  statute  now  in  force  relative  to  the  presidential 
succession  was  passed  on  the  19th  of  January,  1886,  repeal- 
ing provisions  of  the  Revised  Statutes  on  the  same  subject. 
In  case  of  the  death  or  removal  of  both  the  President  and 
Vice-President,  the  law  devolves  the  succession  on  cabinet 
officers  in  the  following  order :  the  Secretary  of  State,  Sec- 
retary of  the  Treasury,  Secretary  of  War,  Attorney  General, 
Postmaster  General,  Secretary  of  the  Navy,  and  Secretary  of 
the  Interior ;  and  the  cabinet  officer  on  whom  the  succession 
falls  is  required  to  act  as  President  "until  the  disability  of 
the  President  or  Vice-President  is  removed,  or  a  President 
shall  be  elected."  The  succession  is,  however,  limited  to 
cabinet  officers  whose  appointment  has  been  confirmed  by 
the  Senate,  who  are  eligible  to  the  office  of  President  under 
the  Constitution,  and  who  are  not  under  impeachment. 

7.  [Compensation.] — The  President  shall,  at  stated 
times,  receive  for  his  services  a  compensation  which 
shall  neither  be  increased  nor  diminished  during  the 


136  Fundamentals  of  American  Government. 

period  for  which  he  shall  have  been  elected ;  and  he 
shall  not  receive,  within  that  period,  any  other  emolu- 
ment from  the  United  States,  or  any  of  them. 

8.  [Oath  of  Office.] — Before  he  enter  on  the  execu- 
tion of  his  office,  he  shall  take  the  following  oath  or 
affirmation : 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faith- 
fully execute  the  office  of  President  of  the  United 
States,  and  will,  to  the  best  of  my  ability,  preserve, 
protect,  and  defend  the  Constitution  of  the  United 
States." 

Section  2. 

1.  [President's  general  powers.] — The  President 
shall  be  commander-in-chief  of  the  Army  and  Navy  of 
the  United  States,  and  the  militia  of  the  several  states, 
when  called  into  the  actual  service  of  the  United 
States ;  he  may  require  the  opinion  in  writing  of  the 
principal  officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their 
respective  offices ;  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offenses  against  the  United 
States,  except  in  cases  of  impeachment. 

2.  [Treaties;  nominations.] — He  shall  have  power, 
by  and  with  the  advice  and  consent  of  the  Senate,  to 
make  treaties,  provided  two  thirds  of  the  senators 
present  concur;  and  he  shall  nominate,  and,  by  and 
with  the  advice  and  consent  of  the  Senate,  shall  ap- 
point, ambassadors,  other  public  ministers,  and  con- 
suls, judges  of  the  Supreme  Court,  and  all  other  of- 
ficers of  the  United  States  whose  appointments  are 
not  herein  otherwise  provided  for,  and  which  shall  be 
established  by  law.  But  the  Congress  may,  by  law, 
vest  the  appointment  of  such  inferior  officers  as  they 


Constitution  of  the  United  States.  137 

think  proper  in  the  President  alone,  in  the  courts  of 
law,  or  in  the  heads  of  departments. 

3.  [President  to  fill  vacancies.] — The  President 
shall  have  power  to  fill  up  all  vacancies  that  may  hap- 
pen during  the  recess  of  the  Senate,  by  granting  com- 
missions, which  shall  expire  at  the  end  of  their  next 
session. 

Section  3. 

I.  [President's  general  duties.] — He  shall,  from 
time  to  time,  give  to  the  Congress  information  of  the 
state  of  the  Union,  and  recommend  to  their  consider- 
ation such  measures  as  he  shall  judge  necessary  and 
expedient.  He  may,  on  extraordinary  occasions, 
convene  both  houses  or  either  of  them  ;  and  in  case  of 
disagreement  between  them  with  respect  to  the  time 
of  adjournment,  he  may  adjourn  them  to  such  time  as 
he  shall  think  proper;  he  shall  receive  ambassadors 
and  other  public  ministers;  he  shall  take  care  that  the 
laws  be  faithfully  executed;  and  shall  commission  all 
the  officers  of  the  United  States. 

Section  4. 

I.  [Removal  on  impeachment.] — The  President, 
Vice-President,  and  all  civil  officers  of  the  United 
States  shall  be  removed  from  office  on  impeachment 
for  and  conviction  of  treason,  bribery,  or  other  high 
crimes  and  misdemeanors. 

ARTICLE  III. 

Section  i. 

I.  [Judiciary;  tenure;  compensation.] — The  judi- 
cial power  of  the  United  States  shall  be  vested  in  one 


138  Fundamentals  of  American  Government. 

-supreme  court,  and  in  such  inferior  courts  as  the  Con- 
gress may,  from  time  to  time,  ordain  and  estabhsh. 

The  judges,  both  of  the  supreme  and  inferior 
courts,  shall  hold  their  offices  during  good  behavior; 
and  shall,  at  stated  times,  receive  for  their  services  a 
compensation,  which  shall  not  be  diminished  during  their 
continuance  in  office. 


Section  2. 

1.  [Jurisdiction.] — The  judicial  power  shall  extend 
to  all  cases  in  law  and  equity,  arising  under  this  Con- 
stitution, the  laws  of  the  United  States,  and  treaties 
made,  or  which  shall  be  made,  under  their  authority; 
to  all  cases  affecting  ambassadors  or  other  public 
-ministers,  and  consuls;  to  all  cases  of  admiralty  and 
maritime  jurisdiction;  to  controversies  to  which  the 
United  States  shall  be  a  party;  to  controversies  be- 
tween two  or  more  states ;  between  a  state  and  citi- 
:2:ens  of  another  state ;  betw^een  citizens  of  different 
.'States;  between  citizens  of  the  same  state,  claiming 
"lands  under  grants  of  different  states ;  and  between  a 

state,  or  the  citizens  thereof,  and  foreign  states,  citi- 
zens or  subjects. 

2.  [Supreme  Court.] — In  all  cases  affecting  ambas- 
sadors, other  public  ministers,  and  consuls,  and  those 
in  which  a  state  shall  be  a  party,  the  Supreme  Court 
r.shall  have  original  jurisdiction.  In  all  the  other  cases 
before  mentioned,  the  Supreme  Court  shall  have  ap- 
pellate jurisdiction,  both  as  to  law  and  fact,  wnth  such 
exceptions,  and  under  such  regulations,  as  the  Con- 
:^ress  shall  make. 

3.  [Jury  trial  regulated.] — The  trial  of  all  crimes, 
texcept  in  cases  of  impeachment,  shall  be  by  jury;  and 


Constitution  of  the  United  States.  139 

such  trials  shall  be  held  in  the  state  where  the  said 
crimes  shall  have  been  committed;  but  when  not  com- 
mitted within  any  state  the  trial  shall  be  at  such  place 
or  places  as  the  Congress  may  by  law  have  directed. 

Section  3. 

I.  [Treason.] — Treason  against  the  United  States 
shall  consist  only  in  levying  war  against  them,  or  in 
adhering  to  their  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason  unless 
on  the  testimony  of  two  witnesses  to  the  same  overt 
act,  or  on  confession  in  open  court. 

Note. — The  Constitution  prescribes  the  only  rule  relative 
to  treason.  Congress  cannot  restrict,  enlarge,  or  define  it. 
United  States  v.  Greatlwiise  (1863)  4  Sawy.  457,  Fed.  Cas. 
No.  15,254. 

Aliens  resident  in  this  country  are  bound  to  obey  all  the 
laws  of  the  country,  not  immediately  relating  to  citizenship, 
during  their  sojourn  in  it.  They  are  equally  amenable  with 
citizens  for  any  infraction  of  those  laws.  ''All  strangers  are 
under  the  protection  of  the  sovereign  while  they  are  within 
his  territories,  and  owe  a  temporary  allegiance  in  return  for 
that  protection."  An  alien,  while  domiciled  in  the  country, 
owes  a  local  and  temporary  allegiance  which  continues  dur- 
ing the  period  of  his  residence.  Daniel  Webster,  then  Sec- 
retary of  State,  in  a  report,  in  1851,  on  the  status  of  alien 
residents,  said  :  "Independently  of  a  residence  with  intention 
to  continue  such  residence, — independently  of  any  domicilia- 
tion,— independently  of  the  taking  of  any  oath  of  allegiance, 
— it  is  well  known  that,  by  the  public  law,  an  alien  or  a 
stranger  born,  for  so  long  a  time  as  he  continues  within  the 
dominions  of  a  foreign  government,  owes  obedience  to  the 
laws  of  that  government,  and  may  be  punished  for  treason 
or  other  crimes  as  a  native-born  subject  might  be,  unless  his 
case  is  varied  by  some  treaty  stipulation." 

The  foregoing  observations  and  many  others  on  this  sub- 
jest  may  be  found  in  Carlisle  v.  United  States  (1872)    16 


140  Fundamentals  of  American  Government. 

Wall.  147,  2  L.  ed.  426,  where  it  was  held  that  "those  aliens 
who,  being  domiciled  in  the  country  prior  to  the  Rebellion, 
gave  aid  and  comfort  to  the  Rebellion,  were  therefore  subject 
to  be  prosecuted  for  violation  of  the  laws  of  the  United 
States  against  treason,  and  for  giving  aid  and  comfort  to 
the  Rebellion,"  and  were  therefore  included  in  the  Presi- 
dent's amnesty  proclamation  of  December  25,  1868. 

2.  [Punishment  of  treason.] — The  Congress  shall 
have  power  to  declare  the  punishment  of  treason,  but 
no  attainder  of  treason  shall  work  corruption  of  blood 
or  forfeiture,  except  during  the  life  of  the  person  at- 
tainted. 

ARTICLE  IV. 

Section   i. 

I.  [Faith  and  credit  among  states.] — Full  faith 
and  credit  shall  be  given  in  each  state  to  the  public 
acts,  records,  and  judicial  proceedings  of  every  other 
state.  And  the  Congress  may.  by  general  laws,  pre- 
scribe the  manner  in  which  such  acts,  records,  and 
proceedings  shall  be  proved  and  the  effect  thereof. 

Section  2. 

I.  [Privileges  and  immunities  of  citizens.] — The 
citizens  of  each  state  shall  be  entitled  to  all  privileges 
and  immunities  of  citizens  in  the  several  states. 

Note. — Judge  Denio,  of  the  New  York  court  of  appeals, 
in  his  opinion  in  the  Lemmon  Case  (i860)  20  N.  Y.  562, 
speaking  of  the  privileges  and  immunities  of  citizens,  said 
no  provision  in  the  Constitution  had  so  strongly  tended  to 
constitute  the  citizens  of  the  United  States  one  people  as 
this. 

The  term  is  to  be  confined  "to  those  privileges  and  im- 
munities   [of  citizens]    which  are,  in  their  nature,  funda- 


Constitution  of  the  United  States.  141 

mental ;  which  belong  of  right  to  the  citizens  of  all  free  gov- 
ernments, and  which  have  at  all  times  been  enjoyed  by  the 
citizens  of  the  several  states  which  compose  this  Union, 
from  the  time  of  their  becoming  free,  independent,  and  sov- 
ereign. .  .  .  They  may,  however,  be  all  comprehended 
under  the  following  general  heads :  Protection  by  the  gov- 
ernment ;  enjoyment  of  life  and  liberty,  with  the  right  to  ac- 
quire and  possess  property  of  every  kind,  and  to  pursue  and 
obtain  happiness  and  safety ;  subject,  nevertheless,  to  such 
restraints  as  the  government  may  justly  prescribe  for  the 
general  good  of  the  whole.  The  right  of  a  citizen  of  one 
state  to  pass  through  or  to  reside  in  any  other  state  for  pur- 
poses of  trade,  agriculture,  professional  pursuits,  or  other- 
wise ;  to  claim  the  benefit  of  the  writ  of  habeas  corpus ;  to 
institute  and  maintain  actions  of  any  kind  in  the  courts  of 
the  state ;  to  take,  hold,  and  dispose  of  property,  either  real 
or  personal ;  and  an  exemption  from  higher  taxes  or  imposi- 
tions than  are  paid  by  the  other  citizens  of  the  state. — may 
be  mentioned  as  some  of  the  particular  privileges  and  im- 
munities of  citizens  which  are  clearly  embraced  by  the  gen- 
eral description  of  privileges  deemed  to  be  fundamental ;  to 
which  may  be  added  the  elective  franchise,  as  regulated  and 
established  by  the  laws  or  Constitution  of  the  state  in  which 
it  is  to  be  exercised."  Corfield  v.  Coryell  (1823)  4  Wash. 
C.  C.  371,  Fed.  Cas.  No.  3.230. 

For  further  observations  on  this  subject  see  the  Intro- 
duction {ante,  2y)  and  also  notes  to  the  14th  Amendment 
{post,  166). 

2.  [Fugitives  from  justice.] — A  person  charged  in 
any  state  with  treason,  felony,  or  other  crime,  who 
shall  flee  from  justice  and  be  found  in  another  state, 
shall,  on  demand  of  the  executive  authority  of  the 
state  from  which  he  fled,  be  delivered  up,  to  be  re- 
moved to  the  state  having  jurisdiction  of  the  crime. 

3.  [Fugitives  from  labor.] — No  person  held  to 
service  or  labor  in  one  state,  under  the  laws  thereof, 
escaping  into  another,  shall,  in  consequence  of  any 
law  or  regulation  therein,  be  discharged  from  such 


142  Fundamentals  of  American  Government. 

service  or  labor,  but  shall  be  delivered  up,  on  claim 
of  the  party  to  whom  such  service  or  labor  may  be 
due. 

Section  3. 

1.  [New  states.] — New  states  may  be  admitted  by 
the  Congress  into  this  Union,  but  no  new  state  shall 
be  formed  or  erected  within  the  jurisdiction  of  any 
other  state,  nor  any  state  be  formed  by  the  junction  of 
two  or  more  states  or  parts  of  states,  without  the  consent 
of  the  legislatures  of  the  states  concerned  as  well  as  of  the 
Congress. 

2.  [Territories.] — The  Congress  shall  have  power 
to  dispose  of  and  make  all  needful  rules  and  regula- 
tions respecting  the  territory  or  other  property  be- 
longing to  the  United  States ;  and  nothing  in  this 
Constitution  shall  be  so  construed  as  to  prejudice  any 
claims  of  the  United  States,  or  of  any  particular  state. 

Section  4. 

I.  [Republican  form  of  government;  protection  of 
states.] — The  United  States  shall  guarantee  to  every 
state  in  this  Union  a  republican  form  of  government, 
and  shall  protect  each  of  them  against  invasion;  and, 
on  application  of  the  legislature,  or  of  the  Executive 
'(when  the  legislature  cannot  be  convened),  against 
domestic  violence. 

Note.— Chief  Justice  Waite,  in  Minor  v.  Happerseft 
(1874)  21  Wall.  162,  175,  22  L.  ed.  627,  631,  considering  the 
guaranty  of  a  republican  form  of  government,  said:  "No 
particular  government  is  designated  as  republican,  neither  is 
the  exact  form  to  be  guaranteed,  in  any  manner  especially 
designated.  Here,  as  in  other  parts  of  the  instrument,  we 
are  compelled  to  resort  elsewhere  to  ascertain  what  was  in- 


Constitution  of  the  United  States.  I43 

tended.  The  guaranty  necessarily  implies  a  duty  on  the  part 
of  the  states  themselves  to  provide  such  a  government.  All 
the  states  had  governments  when  the  Constitution  was 
adopted.  In  all,  the  people  participated  to  some  extent, 
through  their  representatives  elected  in  the  manner  specially 
provided.  These  governments  the  Constitution  did  not 
change.  They  were  accepted  precisely  as  they  were,  and  it 
is  therefore  to  be  presumed  that  they  were  such  as  it  was 
the  duty  of  the  states  to  provide.  Thus  we  have  unmistak- 
able evidence  of  what  was  republican  in  form,  within  the 
meaning  of  that  term  as  employed  in  the  Constitution." 


ARTICLE  V. 

I.  [Amendments.] — The  Congress,  whenever  two 
thirds  of  both  houses  shall  deem  it  necessary,  shall 
propose  amendments  to  this  Constitution ;  or,  on  the 
application  of  the  legislatures  of  two  thirds  of  the 
several  states,  shall  call  a  convention  for  proposing 
amendments,  which,  in  either  case,  shall  be  valid  to 
all  intents  and  purposes,  as  part  of  this  Constitution, 
when  ratified  by  the  legislatures  of  three  fourths  of 
the  several  states,  or  by  conventions  in  three  fourths 
thereof,  as  the  one  or  the  other  mode  of  ratificatiDn 
may  be  proposed  by  the  Congress ;  provided  that  no 
amendment  which  may  be  made  prior  to  the  year  one 
thousand  eight  hundred  and  eight  shall  in  any  manner 
affect  the  first  and  fourth  clauses  in  the  ninth  section 
of  the  first  article;  and  that  no  state,  without  its  con- 
sent, shall  be  deprived  of  its  equal  suffrage  in  the 
Senate. 

Note. — The  President's  veto  power  does  not  apply  to  a 
proposition  to  amend  the  Constitution.  He  has  nothing  to 
do  with  constitutional  amendments.  Hollingsworth  v.  Vir- 
ginia (1798)  3  Dall.  378,  I  L.  ed.  644. 


144  Fundamentals  of  American  Government. 

ARTICLE  VI. 

1.  [Debts  under  the  confederation.] — All  debts 
contracted  and  engagements  entered  into  before  the 
adoption  of  this  Constitution  shall  be  as  valid  against 
the  United  States,  under  this  Constitution,  as  under 
the  confederation. 

2.  [Supreme  law.] — This  Constitution  and  the  laws 
of  the  United  States  which  shall  be  made  in  pur- 
suance thereof,  and  all  treaties  made,  or  which  shall 
be  made,  under  the  authority  of  the  United  States, 
shall  be  the  supreme  law  of  the  land;  and  the  judges 
in  every  state  shall  be  bound  thereby,  anything  in  the 
Constitution  or  laws  of  any  state  to  the  contrary  not- 
withstanding. 

Note. — "The  United  States  is  a  government  with  author- 
ity extending  over  the  whole  territory  of  the  Union,  acting 
upon  the  states  and  upon  the  people  of  the  states.  While  it 
is  limited  in  the  number  of  its  powers,  so  far  as  its  sover- 
eignty extends  it  is  supreme.  No  state  government  can 
exclude  it  from  the  exercise  of  any  authority  conferred  upon 
it  by  the  Constitution,  obstruct  its  authorized  officers  against 
its  will,  or  withhold  from  it  for  a  moment  the  cognizance 
of  any  subject  which  that  instrument  has  committed  to  it." 
Tennessee  v.  Davis  (1879)  100  U.  S.  263,  25  L.  ed.  650. 

3.  [Oath  of  office;  no  religious  test.] — The  sena* 
tors  and  representatives  before  mentioned,  and  the 
members  of  the  several  state  legislatures,  and  all  exec- 
utive and  judicial  officers,  both  of  the  United  States 
and  of  the  several  states,  shall  be  bound  by  oath  or 
affirmation  to  support  this  Constitution;  but  no  re- 
ligious test  shall  ever  be  required  as  a  qualification  to 
any  office  or  public  trust  under  the  United  States. 


Constitution  of  the  United  States. 

ARTICLE  VII. 


145 


I.  [Ratification.] — The  ratification  of  the  conven- 
tions of  nine  states  shall  be  sufficient  for  the  establish- 
ment of  this  Constitution  between  the  states  so  ratify- 
ing the  same. 

Done  in  convention,  by  the  unanimous  consent  of 
the  states  present,  the  seventeenth  day  of 
September,  in  the  year  of  our  Lord  one  thou- 
sand seven  hundred  and  eighty-seven,  and  of 
the  independence  of  the  United  States  of 
America  the  twelfth.  In  witness  whereof, 
we  have  hereunto  subscribed  our  names. 
GEORGE  WASHINGTON, 
President,  and  Deputy  from  Virginia. 


New  Hampshire. 
John  Langdon, 
Nicholas  Gilman. 

Massachusetts. 
Nathaniel  Gorham, 
Rufus  King. 

Connecticut. 
Wm.  Saml.  Johnson, 
Roger  Sherman. 

New  York. 
Alexander  Hamilton. 

New  Jersey. 
Wil.  Livingston, 
David  Brearley. 
Wm.  Paterson, 
Jona.  Dayton. 

Fund,  of  Am.  Gov. — 10. 


Pennsylvania. 

B.  Franklin, 
Thomas  Miflin, 
Robt.  Morris, 
Geo.  Clymer, 
Thos.   Fitzsimmons, 
Jared  Ingersol, 
James  Wilson, 
Gouv.  Morris. 


Delaware. 

Geo.  Read, 

Gunning  Bedford,  Jr., 
John  Dickinson, 
Richard  Basset, 
Jaco.  Broom. 


146  Fundamentals  of  American  Government. 

Maryland.  South  Carolina. 

James  McHenry, 

Dan.  of  St.  Thos.  Jenifer,     J-  R^tledge 


Danl.  Carroll. 

Virginia. 

John  Blair, 

James  Madison,  Jr. 

North  Carolina. 

Wm.  Blount, 

Rich'd  Dobbs  Spaight, 

Hu.  Williamson. 


Chas.  Cotesworth  Pinckney, 
Charles  Pinckney, 
Pierce  Butler. 

Georgia. 

William  Few, 
Abr.  Baldwin. 


Attest;        William  Jackson,  Secretary. 


Amendments  to  Constitution.  147 


AMENDMENTS    TO     FEDERAL    CONSTITU- 
TION. 

There  were  wide  differences  of  opinion  concerning 
the  new  Constitution,  and  in  many  quarters  its  adop- 
tion was  vigorously  opposed.  Several  states  ratified 
it  with  the  express  understanding  that  amendments 
should  be  immediately  proposed  by  Congress  to  cure 
defects  and  supply  omissions  which  were  deemed  vital 
to  the  success  of  the  new  government  about  to  be 
established.  In  many  cases  the  conventions  pro- 
posed specific  amendments,  and  instructed  the  repre- 
sentatives from  such  states  in  Congress  to  endeavor 
to  procure  their  submission  to  the  states  for  their 
consideration.  So  many  states  joined  in  this  move- 
ment that  its  success,  so  far  as  Congress  was  con- 
cerned, was  practically  assured.  The  first  Congress 
assembled  on  the  4th  of  March,  1789,  and  soon  after- 
wards began  the  consideration  of  propositions  ^tcy 
amend  the  Constitution.  The  subject  was  considered 
with  great  care,  not  only  as  to  the  substance  of  the 
amendments,  but  also  as  to  their  form  and  language. 
The  result  was  a  series  of  amendments,  constituting, 
in  substance,  a  national  Bill  of  Rights,  and  which  will 
long  stand  as  models  of  constitutional  expression. 

On  the  25th  of  September,  1789,  Congress  passed  a 
resolution  requesting  the  President  to  submit  to  the 
executives  of  the  several  states  twelve  amendments 
to  the  Constitution.  All  were  ratified  except  two; 
one  of  these  provided  that  "after  the  first  enumera- 
tion, required  by  the  first  article  of  the  Constitution, 


148  Fundamentals  of  American  Govermuent. 

there  shall  be  one  representative  for  every  30,000, 
until  the  number  shall  amount  to  100;  after  which, 
the  proportion  shall  be  so  regulated  by  Congress  that 
there  shall  be  not  less  than  100  representatives,  nor 
less  than  one  representative  for  every  40,000  persons, 
until  the  number  of  representatives  shall  amount  to 
200;  after  which,  the  proportion  shall  be  so  regulated 
by  Congress  that  there  shall  not  be  less  than  200 
representatives,  nor  more  than  one  representative  for 
every  50,000  persons;"  and  the  other,  that  "no  law 
varying  the  compensation  for  the  services  of  the 
senators  and  representatives  shall  take  effect  until  an 
election  of  representatives  shall  have  intervened." 

February  27,  1790,  the  New  York  legislature  rati- 
fied eleven  of  the  amendments,  including  the  first, 
relative  to  apportionment  in  the  House  of  Represen- 
tatives, but  rejected  the  second,  relating  to  the  com- 
pensation of  members  of  Congress.  Virginia  ratified 
the  amendments  on  the  15th  of  December,  1791. 
This  was  the  eleventh  state,  and  made  the  three 
fourths  required  by  the  Constitution.  The  ratifica- 
tion was  therefore  complete,  and  the  ten  amendments 
were  in  effect  from  that  date. 

The  following  is  the  resolution  proposing  these 
amendments : 

CONGRESS  OF  THE  UNITED  STATES. 

Begun  and  held  at  the  city  of  New  York  on  Wed- 
nesday, the  4th  of  March,  1789. 

The  convention  of  a  number  of  states  having,  at 
the  time  of  their  adopting  the  Constitution,  expressed 
a  desire,  in  order  to  prevent  misconstruction  or  abuse 
of  its  powers,  that  further  declaratory  and  restrictive 
clauses  should  be  added;  and,  as  extending  the  ground 


Amendments  to  Constitution.  149 

of  public  confidence  in  the  government,  will  best  in- 
sure the  beneficent  ends  of  its  institution: 

Resolved,  By  the  Senate  and  House  of  Represent- 
atives of  the  United  States  of  America  in  Congress 
assembled,  two  thirds  of  both  houses  concurring,  that 
the  following  articles  be  proposed  to  the  legislatures 
of  the  several  states  as  amendments  to  the  Constitu- 
tion of  the  United  States;  all  or  any  of  which  articles, 
when  ratified  by  three  fourths  of  the  said  legislatures, 
to  be  valid  to  all  intents  and  purposes,  as  part  of  the 
said  Constitution,  namely: 

ARTICLE  I. 

I.  [Religious  toleration;  speech  and  press  to  be 
free;  right  of  petition.] — Congress  shall  make  no  law 
respecting  an  establishment  of  religion,  or  prohibiting 
the  free  exercise  thereof;  or  abridging  the  freedom  of 
speech,  or  of  the  press;  or  the  right  of  the  people 
peaceably  to  assemble,  and  to  petition  the  government 
for  a  redress  of  grievances. 

Note. — The  prohibition  against  the  establishment  of  a 
religion  applies  only  to  Congress,  and  does  not  affect  the 
power  of  the  states  on  this  subject.  Religious  liberty  in  gen- 
eral, as  enjoyed  by  the  people  of  the  states,  is  not  protected 
by  the  national  Constitution.  Religious  toleration  is  a  matter 
of  state  regulation  ;  but  under  the  foregoing  prohibition  Con- 
gress can  make  no  law  prohibiting  the  free  exercise  of  re- 
ligion. See  Permoli  v.  New  Orleans  (1845)  3  How.  609, 
II  L.  ed.  748,  in  which  it  was  held  that  the  Supreme  Court 
had  no  jurisdiction  to  consider  the  validity  of  an  ordinance 
adopted  by  Municipality  No.  i  in  the  city  of  New  Orleans, 
regulating  the  use  of  Catholic  churches  for  funerals,  and  re- 
quiring funeral  services  to  be  held  at  the  "obituary  chapel 
situated  in  Rampart  street."  The  court  said  the  question 
was  exclusively  one  of  state  cognizance. 


150  Fundamentals  of  American  Government. 

State  Constitutions  and  laws  should  be  consulted  for  pro- 
visions relating  to  religious  liberty. 

Considering  the  scope  and  purpose  of  the  foregoing  pro- 
hibition, the  Supreme  Court  in  Daids  v.  Beason  (1890)  133 
U.  S.  342,  33  L.  ed.  640,  10  Sup.  Ct.  Rep.  299,  said :  "The 
1st  Amendment  to  the  Constitution,  in  declaring  that  Con- 
gress shall  make  no  law  respecting  the  establishment  of  re- 
ligion, or  forbidding  the  free  exercise  thereof,  was  intended 
to  allow  everyone  under  the  jurisdiction  of  the  United  States 
to  entertain  such  notions  respecting  his  relations  to  his 
Maker  and  the  duties  they  imposed  as  may  be  approved  by 
his  judgment  and  conscience,  and  to  exhibit  his  sentiments 
in  such  form  of  worship  as  he  may  think  proper,  not  in- 
jurious to  the  equal  rights  of  others,  and  to  prohibit  legis- 
lation for  the  support  of  any  religious  tenets,  or  the  modes 
of  worship  of  any  sect.  The  oppressive  measures  adopted, 
and  the  cruelties  and  punishments  inflicted,  by  the  govern- 
ments of  Europe  for  many  ages,  to  compel  parties  to  con- 
form in  their  religious  beliefs  and  modes  of  worship  to  the 
views  of  the  most  numerous  sect,  and  the  folly  of  attempting 
in  that  way  to  control  the  mental  operations  of  persons,  and 
enforce  an  outward  conformity  to  a  prescribed  standard,  led 
to  the  adoption  of  the  Amendment  in  question.  It  was 
never  intended  or  supposed  that  the  Amendment  could  be 
invoked  as  a  protection  against  legislation  for  the  punish- 
ment of  acts  inimical  to  the  peace,  good  order,  and  morals 

of  society." 

The  provision  securing  the  freedom  of  speech  and  of  the 
press  does  not  apply  to  aliens  who  are  excluded  from  the 
country  because  they  are  anarchists.  Congress  has  power 
to  provide  for  such  exclusion,  and  to  deport  persons  found  in 
the  country  contrary  to  the  provisions  of  the  immigration 
laws.  An  alien  does  not  become  one  of  the  people  to  whom 
the  constitutional  guaranties  are  applicable,  by  an  attempt 
to  enter  the  country  if  forbidden  by  law.  United  States  ex 
rel.  Turner  v.  Williams  (1904)  194  U.  S.  292,  48  L.  ed.  985, 
24  Sup.  Ct.  Rep.  719. 

Discussions  in  Congress  by  members  of  that  body  are 
protected  under  the  provisions  relating  to  freedom  of 
speech.  Kilbourn  v.  Thompson  (1880)  103  U.  S.  204,  26 
L.  ed.  392. 


Aniendincnts  to  Constitution.  151 

ARTICLE  II. 

I.  [People  may  keep  arms.] — A  well-regulated 
militia  being  necessary  to  the  security  of  a  free  state, 
the  right  of  the  people  to  keep  and  bear  arms  shall  not 
be  infringed. 

ARTICLE  III. 

I.  [Quartering  of  soldiers  limited.] — No  soldier 
shall,  in  time  of  peace,  be  quartered  in  any  house  with- 
out the  consent  of  the  owner,  nor  in  time  of  war,  but 
in  a  manner  to  be  prescribed  by  law. 

ARTICLE  IV. 

I.  [Unreasonable  searches  and  seizures.] — The 
right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects  against  unreasonable 
searches  and  seizures  shall  not  be  violated ;  and  no 
warrants  shall  issue  but  upon  probable  cause,  sup- 
ported by  oath  or  al^rmation,  and  particularly  de- 
scribing the  place  to  be  searched  and  the  persons  or 
things  to  be  seized. 

Note. — The  provision  against  unreasonable  searches  and 
seizures  is  violated  by  the  compulsory  production  of  a  man's 
private  papers  to  establish  a  criminal  charge  against  him,  or 
to  forfeit  his  property.  Boyd  v.  United  States  (1886)  116 
U.  S.  634,  29  L.  ed.  752,  6  Sup.  Ct.  Rep.  524. 

ARTICLE  V. 

I.  [Indictment;  twice  in  jeopardy;  personal  and 
property  rights.] — No  person  shall  be  held  to  answer 
for  a  capital  or  otherwise  infamous  crime,  unless  on  a 
presentment  or  indictment  of  a  grand  jury,  except  in 


152  Fundamentals  of  American  Government. 

cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia  when  in  actual  service  in  time  of  war  or  public 
danger;  nor  shall  any  person  be  subject  for  the  same 
offense  to  be  twice  put  in  jeopardy  of  life  or  limb ;  nor 
shall  be  compelled  in  any  criminal  case  to  be  a  witness 
against  himself;  nor  be  deprived  of  life,  liberty,  or 
property,  without  due  process  of  law;  nor  shall  pri- 
vate property  be  taken  for  public  use  without  just 
compensation. 

Note. — The  provision  requiring  an  indictment  by  a  grand 
jury  as  a  prerequisite  to  a  trial  on  a  criminal  charge  does 
not  apply  to  persons  in  the  military  or  naval  service  of  the 
United  States,  who  are  at  all  times  subject  to  the  military 
law ;  or  to  persons  in  the  militia  so  long  as  they  are  in  such 
service.  The  words,  "when  in  actual  service  in  time  of  war 
or  public  danger,"  apply  to  the  militia  only.  Johnson  v. 
Sayre  (1895)  158  U.  S.  114,  39  L.  ed.  916,  15  Sup.  Ct.  Rep. 
773- 

Tzvice  in  jeopardy.  This  provision  has  been  the  subject  of 
frequent  judicial  consideration  under  a  great  variety  of  cir- 
cumstances. Federal  decisions  and  also  state  decisions 
should  be  consulted  in  a  complete  study  of  the  subject. 

As  illustrations  of  the  peculiar  situations  likely  to  arise 
under  this  provision,  it  may  be  noted  that  in  Moore  v.  Mis- 
souri (1895)  159  U.  S.  673,  40  L.  ed.  301,  16  Sup.  Ct.  Rep. 
179,  it  was  held  that  a  person  was  not  twice  put  in  jeopardy 
for  the  same  offense  because  for  a  second  offense  his  punish- 
ment is  increased  because  of  a  former  offense;  and  in  Moore 
V.  Illinois  (1852)  14  How.  20,  14  L.  ed.  309,  that  a  person 
who  by  the  same  act  violates  a  state  law  and  also  a  Federal 
statute  may  be  punished  under  both,  and  that  he  is  not  there- 
by put  twice  in  jeopardy. 

The  provision  relating  to  taking  private  property  for  pub- 
lic use  involves  the  policy  of  eminent  domain,  under  which 
the  state  or  the  nation  asserts  its  superior  sovereignty  as 
against  the  individual.  All  property  is  subject  to  the  exer- 
cise of  this  power,  and  while  every  individual  must  in  a 


Amendments  to  Constitution.  153 

proper  case  surrender  his  property  to  the  sovereign  for  a 
pubHc  use,  the  sovereign  must  pay  for  it,  and  the  owner  is 
entitled  to  a  just  compensation  for  the  property  so  taken. 


ARTICLE  VI. 

I.   [Accused  entitled  to  speedy  and  impartial  trial.] 

— In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial  by  an  impartial 
jury  of  the  state  and  district  wherein  the  crime  shall 
have  been  committed,  which  district  shall  have  been 
previously  ascertained  by  law;  and  to  be  informed  of 
the  nature  and  cause  of  the  accusation;  to  be  con- 
fronted with  the  witnesses  against  him ;  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  favor; 
and  to  have  the  assistance  of  counsel  for  his  defense. 

Note. — The  provision  relating  to  trial  by  jury  applies 
only  to  cases  in  the  Federal  courts.  Eilenbecker  v.  District 
Court  (1890)  134  U.  S.  35,  33  L.  ed.  803,  10  Sup.  Ct.  Rep. 
424. 

The  provision  that  an  accused  person  shall  be  confronted 
with  the  witnesses  against  him  was  considered  in  Mattox  v. 
United  States  (1895)  156  U.  S.  240,  39  L.  ed.  410,  15  Sup. 
Ct.  Rep.  337,  where  it  was  said  that  "the  primary  object  of 
the  constitutional  provision  in  question  was  to  prevent  depo- 
sitions or  ex  parte  affidavits,  such  as  were  sometimes  ad- 
mitted in  civil  cases,  being  used  against  the  prisoner  in  lieu 
of  a  personal  examination  and  cross-examination  of  the  wit- 
ness, in  which  the  accused  has  an  opportunity,  not  only  of 
testing  the  recollection  and  sifting  the  conscience  of  the  wit- 
ness, but  of  compelling  him  to  stand  face  to  face  with  the 
jury  in  order  that  they  may  look  at  him,  and  judge  by  his  de- 
meanor upon  the  stand  and  the  manner  in  which  he  gives  his 
testimony  whether  he  is  worthy  of  belief."  It  was  held  in 
this  case  that  this  provision  is  not  infringed  by  permitting  the 
testimony  of  a  witness  sworn  upon  a  former  trial  to  be  read 
against  the  accused,  when  a  copy  of  the  stenographic  report 


^54  Fuiidamc}itals  of  American  Government. 

of  the  former  testimony  is  supported  by  the  oath  of  the 
stenographer  that  it  is  a  correct  transcript  of  his  notes  and 
of  the  testimony  of  the  deceased  witness. 

ARTICLE  VII. 

I.  [Trial  by  jury  preserved.] — In  suits  at  common 
law  where  the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall  be  pre- 
served;  and  no  fact  tried  by  a  jury  shall  be  otherwise 
reexamined  in  any  court  of  the  United  States,  than 
according  to  the  rules  of  the  common  law. 

Note. — This  section,  relating  to  trial  by  jury  in  civil  cases, 
applies  only  to  courts  sitting  under  authority  of  the  United 
States.  Pearson  v.  Yezvdall  ( 1877)  95  U.  S.  294,  24  L.  ed. 
436.  It  does  not  apply  to  trials  in  equity  cases.  Shields  v. 
Thomas  (1855)  18  How.  262,  15  L.  ed.  372, 

ARTICLE  VIII. 

I.   [Bail,  fines,  and  punishments  to  be  reasonable.] 

— Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  in- 
flicted. 

Note. — This  amendment  is  limited  to  the  Federal  judi- 
ciary, and  is  not  applicable  to  the  states.  Ex  parte  Watkins 
(1883)  7  Pet.  573,8  L.ed.  789. 

The  provision  against  cruel  and  unusual  punishments  is 
not  violated  by  a  statute  increasing  the  punishment  for  a 
second  offense.  McDonald  v.  Massachusetts  (1901)  180  U. 
S.  311,  45  L.  ed.  542,  21  Sup.  Ct.  Rep.  389.  For  an  ex- 
tended review  of  authorities  on  the  subject  of  cruel  and  un- 
usual punishments,  see  35  L.R.A.  561. 

ARTICLE  IX. 

I.  [Rights  reserved  to  people.] — The  enumeration, 
in  the  Constitution,  of  certain  rights,  shall  not  be  con- 


Amendments  to  the  Constitution.  155 

strued  to  deny  or  disparage  others  retained  by  the 
people. 

Note. — This  does  not  apply  to  the  states.  Livingston  v. 
Moore  (1833)  7  Pet.  551,  8  L.  ed.  781. 

ARTICLE  X. 

I.  [States  reserve  certain  powers.] — The  powers 
not  delegated  to  the  United  States  by  the  Constitu- 
tion, nor  prohibited  by  it  to  the  states,  are  reserved  to 
the  states,  respectively,  or  to  the  people. 

Note. — This  amendment  was  intended  to  establish  the 
line  of  demarkation  between  powers  granted  to  the  general 
government  and  powers  reserved  to  the  states.  In  Nezv  York 
V.  Miln  (1837)  II  Pet.  102,  139,  9  L.  ed.  648,  663,  the  Su- 
preme Court  thus  states  the  rule  as  to  the  power  and  duty 
of  the  state :  "A  state  has  the  same  undeniable  and  un- 
limited jurisdiction  over  all  persons  and  things  within  its  ter- 
ritorial limits  as  any  foreign  nation,  where  that  jurisdiction 
is  not  surrendered  or  restrained  by  the  Constitution  of  the 
United  States.  That,  by  virtue  of  this,  it  is  not  only  the 
right,  but  the  bounden  and  solemn  duty,  of  a  state  to  ad- 
vance the  safety,  happiness,  and  prosperity  of  its  people,  and 
to  provide  for  its  general  welfare  by  any  and  every  act  of 
legislation  which  it  may  deem  to  be  conducive  to  these  ends, 
where  the  power  over  the  particular  subject,  or  the  manner 
of  its  exercise,  is  not  surrendered  or  restrained  in  the  manner 
just  stated.  That  all  those  powers  which  relate  to  merely 
municipal  legislation,  or  what  may,  perhaps,  more  properly 
be  called  internal  police,  are  not  thus  surrendered  or  re- 
strained ;  and  that,  consequently,  in  relation  to  these  the  au- 
thority of  a  state  is  complete,  unqualified,  and  exclusive." 

ARTICLE  XI. 

I.  [Judicial  power  limited.] — The  judicial  power  of 
the  United  States  shall  not  be  construed  to  extend  to 


156  Fundamentals  of  American  Government. 

any  suit  in  law  or  equity  commenced  or  prosecuted 
against  one  of  the  United  States  by  citizens  of  another 
state,  or  by  citizens  or  subjects  of  any  foreign  state. 

Note. — This  amendment  was  the  direct  result  of  the  de- 
cision of  the  Supreme  Court  of  the  United  States  in  the  case 
of  Chisholm  v.  Georgia  (1793)  2  Dall.  419,  i  L.  ed.  440. 
Qiisholm  was  a  citizen  of  South  Carolina,  and  in  1792 
brought  an  action  in  the  Supreme  Court  on  a  money  demand 
against  Georgia.  Process  was  served  on  the  governor  and 
attorney  general  of  that  state.  A  remonstrance  was  filed 
with  the  court,  on  behalf  of  the  state,  against  the  exercise  of 
jurisdiction  by  the  court,  and  the  state  did  not  formally  ap- 
pear in  the  action.  A  majority  of  the  court  held  that  such  an 
action  could  be  maintained,  and  that  the  state  was  liable  at 
the  suit  of  a  citizen  of  another  state,  the  decision  being  based 
chiefly  on  the  provision  in  the  Federal  Constitution,  article  3, 
section  2,  clause  i,  which,  among  other  things,  extended  the 
judicial  power  of  the  United  States  to  controversies  "be- 
tween a  state  and  citizens  of  another  state." 

Some  of  the  judges  took  occasion  to  declare  that  by  oper- 
ation of  the  Constitution  the  United  States  had  become  a 
nation,  with  sovereign  power,  as  distinguished  from  the  lim- 
ited powers  possessed  by  the  central  government  under  the 
Articles  of  Confederation,  and  that  consequently  the  states, 
under  the  clause  quoted,  had  become  amenable  to  the  judi- 
cial power  of  the  nation.  The  decision  was  rendered  in 
February,  1793,  directing  further  proceedings  in  the  action 
against  the  state  on  behalf  of  the  plaintiff ;  and  in  February, 
1794,  a  judgment  against  the  state  was  rendered  by  default. 

Following  the  first  decision,  several  states  protested 
against  the  assumption  of  jurisdiction  by  the  Supreme  Court, 
and  a  resolution  was  introduced  in  Congress  to  amend  the 
Constitution  by  denying  to  the  Federal  courts  jurisdiction  in 
actions  against  a  state  by  citizens  of  another  state.  This 
resolution,  which  embodied  the  nth  Amendment,  was 
adopted  by  the  Senate  on  the  14th  of  January,  1794,  by  a 
vote  of  23  to  2,  and  by  the  House  of  Representatives  on  the 
4th  of  March,  by  a  vote  of  81  to  none.  Some  of  the  states 
ratified  the  amendment  promptly,  but  others  were  slow  to 
act.     On  the  8th  of  January,  1798,  President  John  Adams 


Amendments  to  Constitution.  I57 

informed  Congress  that  the  amendment  had  been  adopted 
bv  three  fourths  of  the  states,  and  that  it  might  therefore  be 
declared  to  be  a  part  of  the  Constitution  of  the  United  States. 

ARTICLE  XII. 

I.  [Election  of  President  and    Vice-President.] — 

The  electors  shall  meet  in  their  respective  states,  and 
vote,  by  ballot,  for  President  and  Vice-President,  one 
of  whom,  at  least,  shall  not  be  an  inhabitant  of  the 
same  state  with  themselves;  they  shall  name  in  their 
ballots  the  person  voted  for  as  President,  and  in  dis- 
tinct ballots  the  person  voted  for  as  Vice-President; 
and  they  shall  make  distinct  lists  of  all  persons  voted 
for  as  President,  and  of  all  persons  voted  for  as  Vice- 
President,  and  of  the  number  of  votes  for  each,  which 
lists  they  shall  sign  and  certify,  and  transmit,  sealed, 
to  the  seat  of  the  government  of  the  United  States, 
directed  to  the  president  of  the  senate;  the  president 
of  the  Senate  shall,  in  the  presence  of  the  Senate  and 
House  of  Representatives,  open  all  certificates,  and 
the  votes  shall  then  be  counted ;  the  person  having  the 
greatest  number  of  votes  for  President  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  no  person  have 
such  majority,  then  from  the  persons  having  the  high- 
est numbers,  not  exceeding  three,  on  the  list  of  those 
voted  for  as  President,  the  House  of  Representatives 
shall  choose,  immediately  by  ballot,  the  President. 
But  in  choosing  the  President,  the  votes  shall  be  taken 
by  states,  the  representation  from  each  state  havings 
one  vote ;  a  quorum  for  this  purpose  shall  consist  of 
a  member  or  members  from  two  thirds  of  the  states, 
and  a  majority  of  all  the  states  shall  be  necessary  to  a 
choice.     And  if  the  House  of  Representatives  shall 


158  Fundamentals  of  American  Government. 

not  choose  a  President  whenever  the  right  of  choice 
shall  devolve  upon  them,  before  the  fourth  day  of 
March  next  following,  then  the  Vice-President  shall 
act  as  President  as  in  the  case  of  the  death  or  other 
constitutional  disability  of  the  President.  The  per- 
son having  the  greatest  number  of  votes  as  Vice- 
President  shall  be  the  Vice-President,  if  such  number 
be  a  majority  of  the  w^hole  number  of  electors  ap- 
pointed, and  if  no  person  have  a  majority,  then  from 
the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President ;  a  quorum  for  the  purpose 
shall  consist  of  two  thirds  of  the  whole  number  of 
senators,  and  a  majority  of  the  whole  number  shall 
be  necessary  to  a  choice.  But  no  person  constitution- 
ally ineligible  to  the  office  of  President  shall  be 
eligible  to  that  of  Vice-President  of  the  United  States. 

Note. — Congress  on  the  12th  of  December,  1803,  re- 
quested the  President  to  submit  the  amendment  to  the  sev- 
eral states,  and  on  the  25th  of  September,  1804,  it  was  de- 
clared to  have  been  ratified  by  the  requisite  number  of  states. 
The  original  provision  relating  to  the  election  of  President 
and  Vice-President  will  be  found  in  Article  2,  section  i, 
clause  3  (ante,  133). 

The  provision  in  this  amendment,  that  "the  President  of 
the  Senate  shall,  in  the  presence  of  the  Senate  and  House  of 
Representatives,  open  all  certificates,  and  the  votes  shall  then 
be  counted,"  received  special  consideration  in  1877,  i"  con- 
sequence of  the  presidential  election  in  1876,  when  both  of 
the  great  political  parties,  the  Republican  and  the  Demo- 
cratic, claimed  to  have  carried  the  country.  There  was  a  dis- 
pute as  to  the  result.  According  to  the  uncontested  returns, 
Rutherford  B.  Hayes,  the  Republican  candidate  for  Presi- 
dent, had  received  163  electoral  votes,  and  Samuel  J.  Til- 
den,  the  Democratic  candidate,  had  received  184  votes.  The 
number  required  to  elect  was  185.  There  were  contests  from 
the  states  of  Florida,  Louisiana,  Oregon,  and  South  Caro- 
lina, which  four  states  had  22  votes. 


Amendments  to  Constitution.  i59 

There  were  differences  of  opinion  in  Congress  as  to  the 
power  to  determine  these  contests  and  to  decide  which  can- 
didate was  entitled  to  the  electoral  votes  from  the  contested 
states.  For  the  purpose  of  providing  a  method  by  which  the 
result  of  the  election  might  be  ascertained,  Congress  on  the 
29th  of  January,  1877,  passed  an  act  creating  an  Electoral 
Commission,  with  power  to  determine  the  result  of  the  con- 
tests in  the  disputed  states,  and  the  determination  of  the 
Commission  was  to  be  final  unless  overruled  by  the  concur- 
rent action  of  both  Houses  of  Congress.  The  Commission 
was  composed  of  fifteen  members, — five  justices  of  the  Su- 
preme Court,  five  senators,  and  five  members  of  the  House 
of  Representatives.  As  finally  constituted,  the  Commission 
was  composed  of  eight  Republicans  and  seven  Democrats. 
The  majority  had  power  to  determine  any  question  submitted 
to  the  Commission.  The  questions  involved  in  the  returns 
from  the  contested  states  were  heard  by  the  Commission,  and 
all  the  contests  were  decided  in  favor  of  the  Republican  can- 
didate, by  which  he  was  declared  to  have  received  22  votes 
in  addition  to  the  163  uncontested  votes,  making  185  in  all. 
and  as  a  consequence"  Mr.  Hayes  was  declared  elected  to  the 
office  of  President.  This  peculiar  tribunal,  created  for  an 
extraordinary  emergency,  had  been  hitherto  unknown  in  our 
history. 

The  questions  arising  in  connection  with  that  election 
showed  the  necessity  of  additional  legislation  and  more  par- 
ticular regulations  concerning  the  counting  of  electoral  votes. 
Ten  years  later,  on  the  3d  of  February,  1887.  Congress 
passed  an  act  "to  fix  the  day  for  the  meeting  of  the  electors 
of  President  and  Vice  President,  and  to  provide  for  and 
regulate  the  counting  of  the  votes  for  President  and  Vice- 
President,  and  the  decision  of  questions  arising  thereon." 
(24  Stat,  at  L.  373,  chap.  90,  U.  S.  Comp.  Stat.  1901,  p.  67.) 
It  requires  presidential  electors  to  meet  in  their  respective 
states,  and  give  their  votes  on  the  2d  Monday  of  January 
next  succeeding  their  appointment.  The  act  contains  the 
following  provision : 

"That  if  any  state  shall  have  provided,  by  laws,  enacted 
prior  to  the  day  fixed  for  the  appointment  of  the  electors,  for 
its  final  determination  of  any  controversy  or  contest  concern- 
ing the  appointment  of  all  or  any  of  the  electors  of  such  state, 


i6o  Fundamentals  of  American  Government. 

by  judicial  or  other  methods  or  procedures,  and  such  deter- 
mination shall  have  been  made  at  least  six  days  before  the 
time  fixed  for  the  meeting  of  the  electors,  such  determination 
made  pursuant  to  such  law  so  existing  on  said  day,  and  made 
at  least  six  days  prior  to  the  said  time  of  meeting  of  the 
electors,  shall  be  conclusive,  and  shall  govern  in  the  counting 
of  the  electoral  votes  as  provided  in  the  Constitution,  and  as 
hereinafter  regulated,  so  far  as  the  ascertainment  of  the 
electors  appointed  by  such  state  is  concerned." 

This  leaves  to  the  states  the  power  to  ascertain  who  have 
been  duly  chosen  presidential  electors.  Certificates  of  the 
result  of  the  vote  in  each  state  for  President  and  Vice-Pres- 
ident, as  cast  by  the  presidential  electors  thereof,  are  to  be 
transmitted  to  the  president  of  the  Senate.  For  the  purpose 
of  counting  the  votes.  Congress  is  required  to  meet  in  joint 
session  on  the  second  Wednesday  in  February  next  follow- 
ing a  presidential  election.  The  president  of  the  Senate  is 
required  to  preside  at  this  joint  meeting.  Each  house  is  to 
appoint  two  tellers.  Certificates  of  election  and  other  papers 
relating  thereto  are  to  be  opened  by  the  president  of  the 
Senate,  and  by  him  delivered  to  the  tellers,  who  are  to  read 
the  same  in  the  presence  and  hearing  of  both  houses.  The 
result  is  to  be  reported  to  the  president  of  the  senate,  who 
declares  the  same  in  the  presence  of  both  houses,  "which 
announcement  shall  be  deemed  a  sufficient  declaration  of  the 
persons,  if  any,  elected  President  and  Vice-President  of 
the  United  States."  Objections  to  the  counting  of  any  vote 
from  anv  state  are  to  be  considered  by  each  house  separately, 
and  no  certificate  can  be  rejected  except  by  the  concurrent 
action  of  both  houses. 

With  this  statute  it  is  not  probable  that  there  will  soon 
be  another  emergency  requiring  the  creation  of  an  electoral 
commission,  or  of  any  similar  extraordinary  method  of  de- 
termining the  result  of  a  presidential  election. 

The  status  of  presidential  electors  was  considered  by  the 
Supreme  Court  in  Re  Green  {FitcgeraJd  v.  Green)  (1889) 
134  U.  S.  379,  33  L.  ed.  953,  10  Sup.  Ct.  Rep.  586,  where  it 
was  said :  "The  sole  function  of  the  presidential  electors 
is  to  cast,  certify,  and  transmit  the  vote  of  the  state  for  Presi- 
dent and  Vice-President  of  the  nation.  Although  the  elect- 
ors are  appointed  and  act  under  and  pursuant  to  the  Consti- 


Amendments  to  Constitution.  l6i 

tution  of  the  United  States,  they  are  no  more  officers  or 
agents  of  tlie  United  States  than  are  the  members  of  the 
state  legislatures  when  acting  as  electors  of  Federal  senators, 
or  the  people  of  the  states  when  acting  as  electors  of  rep- 
resentatives in  Congress."  After  giving  a  brief  summary  of 
the  foregoing  act  of  1887,  the  court  said  :  "Congress  has  nev- 
er undertaken  to  interfere  with  the  manner  of  appointing 
electors,  or,  where  (according  to  the  now  general  usage)  the 
mode  of  appointment  prescribed  by  the  law  of  the  state  is 
election  by  the  people,  to  regulate  the  conduct  of  such  elec- 
tion, or  to  punish  any  fraud  in  voting  for  electors ;  but  has 
left  these  matters  to  the  control  of  the  states."  It  was  held 
that  a  state  court  (in  Virginia)  had  jurisdiction  to  punish 
fraudulent  voting  for  presidential  electors,  and  that  a  person 
convicted  and  imprisoned  for  this  offense  was  not  entitled 
to  be  discharged  on  a  writ  of  habeas  corpus  granted  by  a 
circuit  court  of  the  United  States. 

ARTICLE  XIII. 

1.  [Slavery  prohibited.] — Neither  slavery  nor  in- 
voluntary servitude,  except  as  a  punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted, 
shall  exist  within  the  United  States,  or  any  place  sub- 
ject to  their  jurisdiction. 

2.  [Enforcement.] — Congress  shall  have  power  to 
enforce  this  article  by  appropriate  legislation. 

Note. — This  amendment  embodied  in  the  Constitution  one 
of  the  great  results  of  the  Civil  War  between  the  states, 
which  began  in  1861  and  ended  in  1865.  The  history  of 
slavery  need  not  here  be  written.  It  is  sufficient  to  say  that 
African  slavery  existed  in  the  American  colonies  from  an 
early  period,  and  had  become  one  of  the  established  institu- 
tions of  the  country  at  the  time  of  the  formation  of  the 
Union  and  the  adoption  of  the  Constitution.  The  effect 
of  it  in  national  affairs  is  apparent  from  the  compromises 
included  in  that  instrument  relative  to  the  slave  trade  and  to 
representation  in  the  national  Congress.  At  the  outbreak 
of  the  Civil  War,  in  1861,  slavery  was  confined  to  the  South- 
FuND.  OF  Am.  Gov. — 11. 


l62  Fundamentals  of  American  Government. 

ern  states,  most  of  which  united  to  form  the  Southern  Con- 
federacy. 

In  the  famous  Dred  Scott  Case  {Scott  v.  Sandford,  19 
How.  393,  15  L.  ed.  691),  decided  in  March,  1857,  the 
Supreme  Court  considered  and  determined  the  status  of 
African  slaves,  and  of  their  descendants  born  in  the  United 
States.  Scott  and  his  wife  and  two  children  w'ere  held  as 
slaves  in  the  state  of  Missouri,  and  the  action  was  brought 
to  assert  their  right  to  freedom. 

In  1834  Scott,  then  unmarried,  had  been  taken  by  his  mas- 
ter to  Rock  Island,  in  Illinois,  a  free  state,  and  had  remained 
there  until  1836.  He  was  then  taken  to  Fort  Snelling,  on 
the  west  bank  of  the  Mississippi  river,  north  of  the  state 
of  Missouri,  and  in  the  territory  included  in  the  Missouri 
compromise  in  which  slavery  was  prohibited.  Scott  v.'as 
married  in  1836  at  Fort  Snelling.  Here  one  child  was 
born,  and  here  the  family  lived  until  1838,  when  they  were 
taken  into  Missouri,  a  slave  state.  They  remained  in 
Missouri  and  were  living  there  when  the  action  was  com- 
menced. 

As  a  defense  to  the  action,  it  was  alleged  that  Scott  was 
not  a  citizen  of  the  state  of  }*Iissouri,  being  a  negro  of 
African  descent,  whose  ancestors  were  of  pure  African 
blood,  and  who  were  brought  into  this  country  and  sold  as 
slaves. 

Chief  Justice  Taney,  who  wrote  the  prevailing  opinion 
in  the  Supreme  Court,  thus  states  the  question  involved  in 
the  case :  "Can  a  negro  whose  ancestors  were  imported  into 
this  country,  and  sold  as  slaves,  become  a  member  of  the 
political  community  formed  and  brought  into  existence  by 
the  Constitution  of  the  United  States,  and  as  such  become 
entitled  to  all  the  rights  and  privileges  and  immunities  guar- 
anteed by  that  instrument  to  the  citizen  ?" 

For  the  purpose  of  determining  whether  Scott  was  a  citi- 
zen, the  Chief  Justice  reviewed  the  history  of  the  introduc- 
tion of  slavery  and  the  status  of  slaves  during  and  at  the 
close  of  the  colonial  period,  saying,  among  other  things, 
"that  neither  the  class  of  persons  who  had  been  imported  as 
slaves  nor  their  descendants,  whether  they  had  become  free 
or  not,  were  then  acknowledged  as  a  part  of  the  people,  nor 
intended  to  be  included  in  the  general  words"  of  the  Declara- 


Amendments  to  Constitution.  163 

tion  of  Independence.  "They  had  for  more  than  a  century 
before  been  regarded  as  beings  of  an  inferior  order,  and  alto- 
gether unfit  to  associate  with  the  white  race,  either  in  social 
or  political  relations ;  and  so  far  inferior  that  they  had  no 
rights  which  the  white  man  was  bound  to  respect." 
Speaking  of  the  power  of  naturalization  vested  in  Congress, 
he  said  it  is  a  power  "confined  to  persons  born  in  a  foreign 
country,  under  a  foreign  government.  It  is  not  a  power  to 
raise  to  the  rank  of  a  citizen  anyone  born  in  the  United 
States,  who  from  birth  or  parentage,  by  the  laws  of  the 
country,  belongs  to  an  inferior  and  subordinate  class." 

Various  questions  relating  to  citizenship  and  the  relations 
of  citizens  to  the  states  and  to  the  nation  were  considered, 
and  as  a  result  of  its  deliberations  the  court  rejected  Scott's 
claim  to  freedom.  This  claim  was  based  in  part  upon  the 
fact  that  Scott  had  been  taken  into  Illinois,  a  free  state,  and 
it  was  claimed  that  he  thereupon  became  free,  and  could  not 
be  again  reduced  to  slavery.  Replying  to  this  suggestion 
the  Chief  Justice  said :  "As  Scott  was  a  slave  when  taken 
into  the  state  of  Illinois  by  his  owner,  and  was  there  held 
as  such,  and  brought  back  in  that  character,  his  status  as 
free  or  slave  depended  on  the  laws  of  Missouri,  and  not  of 
Illinois."  The  claim  of  Scott  that  he  and  his  family  had 
become  free  by  being  taken  to  Fort  Snelling,  in  the  territory 
in  which  slavery  had  been  prohibited  by  the  Missouri  com- 
promise of  1820,  was  rejected  by  the  court  on  the  ground 
that  this  compromise  was  unconstitutional  and  void,  and  that 
it  was  beyond  the  power  of  Congress  to  establish  any  such 
prohibition  against  slavery;  "and  that  neither  Dred  Scott 
himself,  nor  any  of  his  family,  were  made  free  by  being- 
carried  into  this  territory ;  even  if  they  had  been  carried 
there  by  the  owner,  with  the  intention  of  becoming  a  perma- 
nent resident." 

The  decision  in  the  Dred  Scott  Case  deeply  intensified  the 
feeling  that  then  agitated  the  country  in  relation  to  slavery, 
and  doubtless  contributed  largely  to  the  result  of  the  election 
in  i860,  when  Abraham  Lincoln  was  elected  President. 
Various  questions  relating  to  emancipation,  either  by  states 
or  by  the  nation,  were  considered  during  the  early  years  of 
the  war. 

The  preliminary  proclamation  of  emancipation  was  issued 


164  Finidauientals  of  American  Government. 

by  President  Lincoln  on  the  226.  of  September,  1862.  12 
Stat,  at  L.  1267,  appx.  It  declared  that  from  and  after 
the  1st  day  of  January,  1863,  "all  persons  held  as  slaves 
within  any  state,  or  designated  part  of  a  state,  the  people 
whereof  shall  then  be  in  rebellion  against  the  United  States, 
shall  be  then,  thenceforward,  and  forever  free;"  and  the 
national  government  guaranteed  to  recognize  and  maintain 
the  freedom  of  such  persons. 

The  final  proclamation  of  emancipation  was  issued  on  the 
1st  day  of  January,  1863.  12  Stat,  at  L.  1269,  appx.  It 
designated  the  states  and  parts  of  states  then  in  rebellion 
against  the  government  of  the  United  States,  and  proclaimed 
that  "all  persons  held  as  slaves  within  said  designated 
states,  and  parts  of  states,  are  and  henceforward  shall  be 
free."  After  stating  other  guarantees,  admonitions,  and 
purposes,  the  proclamation  concluded  : 

"And  upon  this  act,  sincerely  believed  to  be  an  act  of 
justice  warranted  by  the  Constitution,  upon  military  neces- 
sity, I  invoke  the  considerate  judgment  of  mankind,  and 
the  gracious  favor  of  Almighty  God." 

Mr.  Justice  Miller,  in  his  opinion  in  the  Slaughter  House 
Cases  (1872)  16  Wall.  36,  21  L.  ed.  394,  speaking  of  the 
results  of  the  Civil  War,  said : 

"In  that  struggle  slavery,  as  a  legalized  social  relation, 
perished.  It  perished  as  a  necessity  of  the  bitterness  and 
force  of  the  conflict.  When  the  armies  of  freedom  found 
themselves  upon  the  soil  of  slavery  they  could  do  nothing 
less  than  free  the  poor  victims  whose  enforced  servitude  was 
the  foundation  of  the  quarrel.  And  when  hard  pressed  in 
the  contest  these  men  (for  they  proved  themselves  men  in 
that  terrible  crisis)  offered  their  services,  and  were  accepted 
by  thousands  to  aid  in  suppressing  the  unlawful  rebellion. 
Slavery  was  at  an  end  wherever  the  Federal  government 
succeeded  in  that  purpose.  The  proclamation  of  President 
Lincoln  expressed  an  accomplished  fact  as  to  a  large  portion 
of  the  insurrectionary  districts,  when  he  declared  slavery 
abolished  in  them  all.  But  the  war  being  over,  those  who 
had  succeeded  in  re-establishing  the  authority  of  the  Federal 
government  were  not  content  to  permit  this  great  act  of 
emancipation  to  rest  on  the  actual  results  of  the  contest,  or 
the  proclamation  of  the  Executive,  both  of  which  might  have 


Amendments  to  Constitution.  165 

been  questioned  in  after  times ;  and  they  determined  to  place 
this  main  and  most  valuable  result  in  the  Constitution  of 
the  restored  Union,  as  one  of  its  fundamental  articles." 

In  the  national  House  of  Representatives  a  proposition 
was  introduced  on  the  14th  of  December,  1863,  for  a  consti- 
tutional amendment  prohibiting  slavery  throughout  the 
United  States.  A  similar  proposition  was  introduced  in  the 
Senate  on  the  nth  of  January,  1864,  and  on  the  lotli  of 
February  was  reported  by  the  Senate  judiciary  committee 
in  the  same  form  in  which  it  was  afterwards  approved  and 
incorporated  in  the  13th  Amendment.  The  resolution  was 
adopted  by  the  Senate  at  that  session,  but  in  the  House  it 
failed  to  receive  the  requisite  two-thirds  vote. 

At  the  election  in  November,  1864,  Abraham  Lincoln  was 
again  elected  President,  and  in  his  next  regular  message, 
transmitted  to  Congress  at  the  opening  of  the  session  _  in 
the  following  December,  he  referred  to  the  previous  action 
on  the  amendment  by  Congress,  and  recommended  that  the 
House  reconsider  its  action  and  adopt  the  amendment.  The 
House  adopted  the  amendment  on  the  31st  of  January, 
1865.  On  the  1st  of  February  both  houses  adopted  a  reso- 
lution submitting  the  amendment  to  the  legislatures  of  the 
several  states.  On  the  i8th  of  December,  1865,  William  H. 
Seward,  Secretary  of  State,  certified  that  the  amendment  had 
been  ratified  by  twenty-seven  out  of  thirty-six  states,  and 
that,  having  received  the  assent  of  three  fourths  of  all  the 
states,  the  amendment  had  "become  valid,  to  all  intents  'and 
purposes,  as  a  part  of  the  Constitution  of  the  United  States." 

The  language  of  the  13th  Amendment  is  not  new  in  our 
history.  In  an  ordinance  adopted  by  the  Continental  Con- 
gress on  the  13th  of  July,  1787,  for  the  government  of  the 
territory  northwest  of  the  Ohio  river,  commonly  known  as 
the  "Ordinance  of  1787,"  it  was  declared  that  "there  shall 
be  neither  slavery  nor  involuntary  servitude  in  the  said  terri- 
tory; otherwise  than  in  the  punishment  of  crimes  whereof 
the  party  shall  have  been  duly  convicted." 

Again,  the  act  of  Congress  of  March  6,  1820  (3  Stat,  at 
L.  548,  chap.  22),  providing  for  the  admission  of  Missouri 
as  a  state,  contained  the  provision  that  in  "all  that  territory 
ceded  by  France  to  the  United  States,  under  the  name  of 
Louisiana,  which  lies  north  of  thirty-six  degrees  and  thirty 


i66  Fundamentals  of  American  Government. 

minutes  north  latitude,  not  included  within  the  limits  of  the 
state  contemplated  by  this  act,  slavery  and  involuntary  serv- 
itude, otherwise  than  in  the  punishment  of  crimes,  whereof 
the  parties  shall  have  been  duly  convicted,  shall  be  and  is 
hereby  forever  prohibited."  As  already  noted,  this  provision 
was  held  unconstitutional  in  the  Dred  Scott  Case. 

Other  similar  phraseology  had  been  used  in  statutes  and 
public  documents,  and  the  statesmen  who  framed  the  13th 
Amendment  were  therefore  familiar  with  the  forms  of  ex- 
pression suitable  for  a  statement  of  the  great  principle  of 
universal  freedom. 

ARTICLE  XIV. 

1.  [Rights  of  citizens.] — All  persons  born  or  nat- 
uralized in  the  United  States,  and  subject  to  the  juris- 
diction thereof,  are  citizens  of  the  United  States  and 
of  the  state  wherein  they  reside.  No  state  shall  make 
or  enforce  any  law  which  shall  abridge  the  privileges 
or  immunities  of  citizens  of  the  United  States;  nor 
shall  any  state  deprive  any  person  of  life,  liberty,  or 
property  without  due  process  of  law,  nor  deny  to  any 
person  within  its  jurisdiction  the  equal  protection  of 
the  laws. 

2.  [Representation  in  Congress.] — Representatives 
shall  be  apportioned  among  the  several  states  according 
to  their  respective  numbers,  counting  the  whole  num- 
ber of  persons  in  each  state,  excluding  Indians  not 
taxed.  But  when  the  right  to  vote  at  any  election  for 
the  choice  of  electors  for  President  and  Vice-President 
of  the  United  States,  representatives  in  Congress, 
the  executive  and  judicial  officers  of  a  state,  or 
the  members  of  the  legislature  thereof,  is  denied  to 
any  of  the  male  inhabitants  of  such  state,  being 
twenty-one  years  of  age  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  participa- 
tion in  rebellion  or  other  crime,  the  basis  of  represen- 


Amendments  to  Constitution.  167 

tation  therein  shall  be  reduced  in  the  proportion 
which  the  number  of  such  male  citizens  shall  bear  to 
the  whole  number  of  male  citizens  twenty-one  years 
of  age  in  such  state. 

3.  [Disabilities  of  persons  engaging  in  rebellion.] — 
No  person  shall  be  a  senator  or  representative  in  Con- 
gress, or  elector  of  President  and  Vice-President,  or 
hold  any  office,  civil  or  military,  under  the  United 
States,  or  under  any  state,  who,  having  previously 
taken  an  oath,  as  a  member  of  Congress,  or  as  an 
officer  of  the  United  States,  or  as  a  member  of  any 
state  legislature,  or  as  an  executive  or  judicial  officer 
of  any  state,  to  support  the  Constitution  of  the  United 
States,  shall  have  engaged  in  insurrection  or  rebellion 
against  the  same,  or  given  aid  or  comfort  to  the  ene- 
mies thereof.  But  Congress  may,  by  a  vote  of  two 
thirds  of  each  house,  remove  such  disability. 

4.  [Public  debts  confirmed,  certain  claims  not  to  be 
paid.] — The  validity  of  the  public  debt  of  the  United 
States,  authorized  by  law,  including  debts  incurred  for 
payment  of  pensions  and  bounties  for  services  in  sup- 
pressing insurrection  or  rebellion,  shall  not  be  queSr 
tioned.  But  neither  the  United  States  nor  any  state 
shall  assume  or  pay  any  debt  or  obligation  incurred 
in  aid  of  insurrection  or  rebellion  against  the  United 
States,  or  any  claim  for  the  loss  or  emancipation  of 
any  slave,  but  all  such  debts,  obligations,  and  claims 
shall  be  held  illegal  and  void. 

5.  [Enforcement  of  article.] — The  Congress  shall 
have  power  to  enforce,  by  appropriate  legislation,  the 
provisions  of  this  article. 

Note. — A  resolution  submitting  the  14th  Aincndment  to 
the  several  states  was  adopted  by  Congress  on  the  i6th  of 
June,  1866.    On  the  21st  of  July,  1868,  Congress  adopted  a 


1 68  Fundamentals  of  American  Government. 

concurrent  resolution  reciting  that  the  amendment  had  been 
ratified  by  more  than  three  fourths  of  the  states,  and  direct- 
ing the  Secretary  of  State  to  promulgate  the  amendment. 
On  the  28th  of  July  following,  the  Secretary,  Mr,  Seward, 
made  a  certificate  promulgating  the  amendment,  as  required 
by  the  act  of  1818,  and  the  preceding  resolution  of  Congress. 

The  conditions  which  led  to  the  adoption  of  this  amend- 
ment are  thus  stated  by  Mr.  Justice  Miller  in  his  opinion  in 
the  Slaughter  House  Cases,  supra: 

"The  process  of  restoring  to  their  proper  relations  with 
the  Federal  government  and  with  the  other  states  those 
w^hich  had  sided  with  the  Rebellion,  undertaken  under  the 
proclamation  of  President  Johnson  in  1865,  and  before  the 
assembling  of  Congress,  developed  the  fact  that,  notwith- 
standing the  formal  recognition  by  those  states  of  the  aboli- 
tion of  slavery,  the  condition  of  the  slave  race  would,  with- 
out further  protection  of  the  Federal  government,  be  almost 
as  bad  as  it  was  before.  Among  the  first  acts  of  legislation 
adopted  by  several  of  the  states  in  the  legislative  bodies 
which  claimed  to  be  in  their  normal  relations  with  the  Fed- 
eral government,  were  laws  which  imposed  upon  the  colored 
race  onerous  disabilities  and  burdens,  and  curtailed  their 
rights  in  the  pursuit  of  life,  liberty,  and  property  to  such  an 
extent  that  their  freedom  was  of  little  value,  while  they 
had  lost  the  protection  which  they  had  received  from  their 
former  owners,  from  motives  both  of  interest  and  humanity. 

"They  were  in  some  states  forbidden  to  appear  in  the 
towns  in  any  other  character  than  menial  servants.  They 
were  required  to  reside  on  and  cultivate  the  soil  without  the 
right  to  purchase  or  own  it.  They  were  excluded  from  many 
occupations  of  gain,  and  were  not  permitted  to  give  testi- 
mony in  the  courts  in  any  case  where  a  white  man  was  a 
party.  It  was  said  that  their  lives  were  at  the  mercy  of 
bad  men,  either  because  the  laws  for  their  protection  were 
insufficient  or  were  not  enforced. 

"These  circumstances,  whatever  of  falsehood  or  miscon- 
ception may  have  been  mingled  with  their  presentation, 
forced  upon  the  statesmen  who  had  conducted  the  Federal 
government  in  safety  through  the  crisis  of  the  Rebellion,  and 
who  supposed  that  by  the  13th  Article  of  Amendment  they 
had  secured  the  result  of  their  labors,  the  conviction  that 
something  more  was  necessary  in  the  way  of  constitutional 


Amendments  to  Constitution.  169 

protection  to  the  unfortunate  race  who  had  suffered  so  much. 
They  accordingly  passed  throug-h  Congress  the  proposition 
for  the  14th  Amendment,  and  they  decHned  to  treat  as  re- 
stored to  their  full  participation  in  the  government  of  the 
Union  the  states  which  had  been  in  insurrection,  until  they 
ratified  that  article  by  a  formal  vote  of  their  legislative 
bodies.  ...  It  declares  that  persons  may  be  citizens 
of  the  United  States  without  regard  to  their  citizenship 
of  a  particular  state,  and  it  overturns  the  Dred  Scott  de- 
cision by  making  all  persons  born  within  the  United  States 
and  subject  to  its  jurisdiction  citizens  of  the  United  States. 
That  its  main  purpose  was  to  establish  citizenship  of  the 
negro  can  admit  of  no  doubt." 

The  amendment  "is  declaratory  in  form,  and  enabling  and 
extending  in  effect.  Its  main  purpose  doubtless  was,  as  has 
often  been  recognized  by  this  court,  to  establish  the  citizen- 
ship of  free  negroes,  which  had  been  denied  in  the  opinion 
delivered  by  Chief  Jvistice  Taney  in  the  Dred  Scott  Case, 
and  to  put  it  beyond  doubt  that  all  blacks,  as  well  as  whites, 
born  or  naturalized  within  the  jurisdiction  of  the  United 
States,  are  citizens  of  the  United  States.  .  .  .  But  the 
opening  words,  'all  persons  born,'  are  generally,  not  to  say 
universally,  restricted  only  by  place  and  jurisdiction,  and 
not  by  color  or  race."  United  States  v.  IVou!^  Kirn  Ark 
(1898)  169  U.  S.  676,  42  L.  ed.  900,  18  Sup.  Ct.  Rep. 
456,  where  it  is  also  said  that  "the  Constitution  nowhere 
defines  the  meaning  of  the  word  ['citizen'],  either  by  way 
of  inclusion  or  of  exclusion,  except  in  so  far  as  this  is  done 
by  the  affirmative  declaration  that  'all  persons  born  or 
naturalized  in  the  United  States,  and  subject  to  the  juris- 
diction thereof,  are  citizens  of  the  United  States.'  In  this, 
as  in  other  respects,  it  may  be  interpreted  in  the  light  of  the 
common  law,  the  principles  and  history  of  which  were  famil- 
iarly known  to  the  framers  of  the  Constitution." 

A  corporation  is  not  a  citizen  within  the  meaning  of  the 
clause  relating  to  the  privileges  and  immunities  of  citizens. 
Blake  V.  McClung  (1898)  172  U.  S.  239,  43  L.  ed.  432,  19 
Sup.  Ct.  Rep.  165.  A  corporation  is  not  a  citizen  within 
the  meaning  of  this  provision,  and  hence  has  not  privileges 
and  immunities  secured  to  citizens  against  state  legislation. 
Orient  Ins.  Co.  v.  Daggs  (1899)   172  U.  S.  561,  43  L.  ed. 


170  Fundamentals  of  American  Government. 

554,  19  Sup.  Ct.  Rep.  281.  But  a  corporation  is  a  person 
within  the  meaning  of  the  14th  Amendment,  declaring  that 
no  state  shall  deprive  any  person  of  property  without  due 
process  of  law,  nor  deny  to  any  person  within  its  jurisdic- 
tion the  equal  protection  of  the  laws.  Smyth  v.  Ames 
(1898)  169  U.  S.  518,  42  L.  ed.  839,  18  Sup.  Ct.  Rep.  418. 

The  police  power  of  the  state  is  not  affected  by  the  14th 
Amendment.  Barbier  v.  Connolly  (1885)  113  U.  S.  27, 
28  L.  ed.  923,  5  Sup.  Ct.  Rep.  357. 

See  14  L.R.A.  579,  for  a  review  of  the  authorities  relat- 
ing to  equality  of  rights  under  this  amendment. 

A  woman  is  or  may  be  a  citizen,  and  is  therefore  included 
in  the  "persons"  described  in  the  14th  Amendment;  but  the 
amendment  does  not  confer  on  her  the  right  to  vote.  The 
right  of  suffrage  is  not  one  of  the  privileges  and  immunities 
protected  by  the  Constitution  except  as  provided  in  the  15th 
Amendment.  In  general,  the  right  to  vote  is  regulated  by 
the  Constitution  and  laws  of  the  states,  and  the  right  is 
not  conferred  on  anybody  by  the  14th  Amendment.  Minor 
v.  Happersett  (1874)  21  Wall.  162,  22  L.  ed.  627. 

ARTICLE  XV. 

1.  [Right  of  suffrage  protected.] — The  right  of  cit- 
izens of  the  United  States  to  vote  shall  not  be  denied 
or  abridged  by  the  United  States  or  by  any  state,  on 
account  of  race,  color,  or  previous  condition  of  servi- 
tude. 

2.  [Enforcement.] — The  Congress  shall  have 
power  to  enforce  this  article  by  appropriate  legis- 
lation. 

Note. — This  amendment  was  submitted  to  the  states  by 
a  congressional  resolution  adopted  February  2^,  1869.  On 
the  30th  of  March,  1870,  Hamilton  Fish,  Secretary  of  State, 
certified  that  the  amendment  had  received  the  assent  of  three 
fourths  of  all  the  states,  and  had  therefore  become  a  part 
of  the  Constitution. 

The  action  of  New  York  on  this  amendment  presents  an 
interesting  item  of  historv,  and  shows  the  severe  political 


Amendments  to  Constitution.  171 

tension  which  existed  during  the  period  immediately  after 
the  close  of  the  Civil  War.  A  concurrent  resolution  ratify- 
ing the  amendment  was  passed  by  the  New  York  assembly 
on  the  17th  of  March,  1869,  and  by  the  senate  on  the  14th 
of  April  following.  The  Republicans  then  had  a  majority 
in  both  branches  of  the  legislature.  The  Democratic  party 
was  opposed  to  the  amendment.  The  Democratic  State  Con- 
vention, which  met  September  22,  1869,  included  in  its 
platform  a  resolution  declaring  that  the  amendment  had 
been  proposed  "in  a  spirit  of  contempt  of  the  people  and 
of  the  right  of  the  states  to  regulate  the  elective  franchise," 
and  was  "intended  to  place  the  question  of  suffrage  in  the 
hands  of  the  central  power,  and,  by  debasing,  to  demoralize, 
the  representative  system." 

As  a  result  of  the  election  in  1869  the  Democrats  secured 
control  of  the  legislature,  and  at  the  opening  of  the  next 
session,  on  the  4th  of  January,  1870,  a  resolution  was  intro- 
duced declaring  that  the  resolution  of  1869,  ratifying  the 
amendment  "be  and  it  hereby  is  repealed,  rescinded,  and 
annulled,"  and  that  the  legislature  "refuses  to  ratify  the 
above  recited  proposed  15th  Amendment  to  the  Constitution 
of  the  United  States,  and  withdraws  absolutely  any  ex- 
pression of  consent  heretofore  given  thereto,  or  ratification 
thereof."  This  resolution  was  adopted  by  both  branches  of 
the  legislature  on  the  5th  of  January,  1870.  In  the  certifi- 
cate promulgating  the  amendment,  Mr.  Fish  includes  New 
York  among  the  ratifying  states.  Referring  to  the  action 
taken  by  the  legislature  of  1870,  the  Secretary  says  in  the 
certificate  that  it  "appears  from  an  official  document  on  file 
in  this  department  that  the  legislature  of  the  state  of  New- 
York  has  since  passed  resolutions  claiming  to  withdraw  the 
said  ratification  of  the  said  amendment,  which  had  been 
made  by  the  legislature  of  that  state,  and  of  which  official 
notice  had  been  filed  in  this  Department."  According  to  the 
certificate  the  ratification  was  complete  without  New  York. 

It  will  be  observed  that  this  amendment  is  negative  in 
form.  It  does  not  confer  the  right  to  vote,  but  prohibits 
any  discrimination  in  such  right  on  account  of  race,  color,  or 
previous  condition  of  servitude.  United  States  v.  Reese 
(1875)  92  U.  S.  217,  23  L.  ed.  564;  Minor  v.  Happersctt, 
siipra. 


172  Fundamentals  of  American  Government. 

In  the  Slaughter  House  Cases  (1872)  16  Wall.  71,  21 
L.  ed.  407,  Mr.  Justice  Miller  makes  the  following  interest- 
ing observations  concerning  the  history  and  purpose  of  the 
15th  Amendment:  "A  few  years'  experience  satisfied  the 
thoughtful  men  who  had  been  the  authors  of  the  other  two 
amendments  that,  notwithstanding  the  restraints  of  those 
articles  on  the  states,  and  the  laws  passed  under  the  addi- 
tional powers  granted  to  Congress,  these  were  inadequate 
for  the  protection  of  life,  liberty,  and  property,  without 
which  freedom  to  the  slave  was  no  boon.  They  were  in  all 
those  states  denied  the  right  of  suffrage.  The  laws  were 
administered  by  the  white  man  alone.  It  was  urged  that  a 
race  of  men  distinctively  marked,  as  was  the  negro,  living 
in  the  midst  of  another  and  dominant  race,  could  never  be 
fully  secured  in  their  person  and  their  property  without  the 
right  of  suffrage.  .  .  .  The  negro,  having,  by  the  14th 
Amendment,  been  declared  to  be  a  citizen  of  the  United 
States,  is  thus  made  a  voter  in  every  state  of  the  Union. 
.  .  .  It  is  true  that  only  the  15th  Amendment,  in  terms, 
mentions  the  negro  by  speaking  of  his  color  and  his  slavery. 
But  it  is  just  as  true  that  each  of  the  other  articles  was  ad- 
dressed to  the  grievances  of  that  race  and  designed  to  rem- 
edy them  as  the  15th."  But  the  amendment  is  general  in 
terms,  and  applies  to  all  persons,  whether  formerly  in  slav- 
ery or  not,  and  all  persons  are  equally  entitled  to  its  pro- 
tection. 


Naturalization.  ^73 


NATURALIZATION  LAWS  AND  REGULATIONS. 


The  laws  of  the  United  States  on  the  subject  of  natural- 
ization are  printed  below,  followed  by  the  Naturalization 
Regulations,  made  by  the  Department  of  Commerce  and 
Labor,  which  supplement  the  statutes  in  respect  to  the 
proceedings  to  be  taken  by  aliens  wlio  seek  to  become 
naturalized. 


NATURALIZATION  LAWS. 

The  laws  of  the  United  States  on  the  subject  of  natural- 
ization are  to  be  found  in  several  different  enactments. 
Some  of  them  are  in  the  United  States  Revised  Statutes, 
under  the  title  "Naturalization,"  including  §§  2166,  2169, 
2 1 71,  and  2174.  Others  are  found  in  the  United  States 
Statutes  at  Large,  Vol.  22,  page  58,  §  14,  and  Vol.  28, 
page  124.  There  is  also  an  act  to  validate  certain  certifi- 
cates of  naturalization,  passed  June  29,  1906,  found  in 
Stat.  1905-6,  part  i,  page  630,  and  the  general  naturaliza- 
tion law,  passed  June  29,  1906,  found  in  Stat.  1905-6, 
part  I,  page  596. 

[In  regard  to  the  acquisition  of  citizenship  by  other 
means  than  naturalization,  see  §§  1992  to  1995,  inclusive, 
of  the  United  States  Revised  Statutes.  See  also  §  2172 
of  the  Revised  Statutes.] 


174  Fiindaiiientals  of  American  Government. 

United  States  Revised  Statutes. 

Title,   "Naturalization."" 

Honorably  discharged  soldiers  exempt  from  certain 
formalities. 

Sec.  2x66.  Any  alien,  of  the  age  of  twenty-one  years 
and  upward,  who  has  enlisted,  or  may  enlist,  in  the 
Armies  of  the  United  States,  either  the  regular  or  the 
volunteer  forces,  and  has  been,  or  may  be  hereafter, 
honorably  discharged,  shall  be  admitted  to  become  a 
citizen  of  the  United  States  upon  his  petition,  without 
any  previous  declaration  of  his  intention  to  become  such ; 
and  he  shall  not  be  required  to  prove  more  than  one 
year's  residence  within  the  United  States  previous  to  his 
application  to  become  such  citizen ;  and  the  court  admit- 
ting such  alien  shall,  in  addition  to  such  proof  of  residence 
and  good  moral  character,  as  now  provided  by  law,  be 
satisfied  by  competent  proof  of  such  person's  having  been 
honorably  discharged  from  the  service  of  the  United 
States. 

Aliens  of  African  nativity  and  descent. 

Sec.  2169.  {As  amended,  1875.) — The  provisions  of 
this  title  shall  apply  to  aliens  being  free  white  persons, 
and  to  aliens  of  African  nativity,  and  to  persons  of 
African  descent. 

Naturalization  to  alien  enemies  prohibited. 

Sec.  2 171.  No  alien  who  is  a  native  citizen  or  subject, 
or  a  denizen  of  any  country,  state,  or  sovereignty  with 
which  the  United  States  are  at  war,  at  the  time  of  his 

"For  a  list  of  sections  repea'ed  see  post,  194,  sec.  26  of  act  of  June 
26,  IQ06. 


Naturalisation.  175 

application,  shall  be  then  admitted  to  become  a  citizen  of 
the  United  States ;  but  persons  resident  within  the  United 
States,  or  the  territories  thereof,  on  the  eighteenth  day  of 
June,  in  the  year  one  thousand  eight  hundred  and  twelve, 
who  had  before  that  day  made  a  declaration,  according  to 
law,  of  their  intention  to  become  citizens  of  the  United 
States,  or  who  were  on  that  day  entitled  to  become  citi- 
zens without  making  such  declaration,  may  be  admitted 
to  become  citizens  thereof,  notwithstanding  they  were 
alien  enemies  at  the  time  and  in  the  manner  prescribed 
by  the  laws  heretofore  passed  on  that  subject;  nor  shall 
anything  herein  contained  be  taken  or  construed  to  inter- 
fere with  or  prevent  the  apprehension  and  removal, 
agreeably  to  law,  of  any  alien  enemy  at  any  time  previous 
to  the  actual  naturalization  of  such  alien. 


Alien  seamen  of  merchant  vessels. 

Sec.  2174.  Every  seaman,  being  a  foreigner,  who  de- 
clares his  intention  of  becoming  a  citizen  of  the  United 
States  in  any  competent  court,  and  shall  have  served  three 
years  on  board  of  a  merchant  vessel  of  the  United  States 
subsequent  to  the  date  of  such  declaration,  may,  on  his 
application  to  any  competent  court,  and  the  production  of 
his  certificate  of  discharge  and  good  conduct  during  that 
time,  together  with  the  certificate  of  his  declaration  of  in- 
tention to  become  a  citizen,  be  admitted  a  citizen  of  the 
United  States  ;  and  every  seaman,  being  a  foreigner,  shall, 
after  his  declaration  of  intention  to  become  a  citizen  of 
the  United  States,  and  after  he  shall  have  served  such 
three  years,  be  deemed  a  citizen  of  the  United  States  for 
the  purpose  of  manning  and  serving  on  board  any  mer- 
chant vessel  of  the  United  States,  anything  to  the  contrary 
in  any  act  of  Congress  notwithstanding;  but  such  seaman 
shall,  for  all  purposes  of  protection  as  an  American  citi- 


176  Fundamentals  of  American  Government. 

zen,  be  deemed  such,  after  the  filing  of  his  declaration  of 
intention  to  become  such  citizen. 

Twenty-Second  Statutes  at  Large,  Page  58. 

Naturalization  of  Chinese  prohibited. 

Sec.  14.  That  hereafter  no  state  court  or  court  of  the 
United  States  shall  admit  Chinese  to  citizenship;  and  all 
laws  in  conflict  with  this  act  are  hereby  repealed. 

Twenty-Eight  Statutes  at  Large,  Page  124. 

Aliens  honorably  discharged  from  service  in  Navy  or 
Marine  Corps. 

Any  alien  of  the  age  of  twenty-one  years  and  upward 
who  has  enlisted  or  may  enlist  in  the  United  States  Navy 
or  Marine  Corps,  and  has  served  or  may  hereafter  serve 
five  consecutive  years  in  the  United  States  Navy  or  one 
enlistment  in  the  United  States  Marine  Corps,  and  has 
been  or  may  hereafter  be  honorably  discharged,  shall  be 
admitted  to  become  a  citizen  of  the  United  States  upon 
his  petition,  without  any  previous  declaration  of  his  in- 
tention to  become  such ;  and  the  court  admitting  such 
alien  shall,  in  addition  to  proof  of  good  moral  character, 
be  satisfied  by  competent  proof  of  such  person's  service  in 
and  honorable  discharge  from  the  United  States  Navy  or 
Marine  Corps. 

An  Act  to  Validate  Certain  Certificates  of  Naturali- 
zation. 

[Stat.   1905-6,  Part  L,  p.  630.] 

Be  it  enacted  by  the  Seimtc  and  House  of  Represent- 
atives of  the  United  States  of  America  in  Congress  as- 
sembled, That  naturalization  certificates  issued  after  the 
act  approved  March  third,  nineteen  hundred  and  three. 


Naturalisation.  ^77 

entitled  "An  Act  to  Regulate  the  Immigration  of  Aliens 
into  the  United  States,"  went  into  effect,  which  fail  to 
show  that  the  courts  issuing  said  certificates  complied  with 
the  requirements  of  section  thirty-nine  of  said  act,  but 
which  were  otherwise  lawfully  issued,  are  hereby  declared 
to  be  as  valid  as  though  said  certificates  complied  with 
said  section:  Provided,  That  in  all  such  cases  applica- 
tions shall  be  made  for  new  naturalization  certificates,  and 
when  the  same  are  granted,  upon  compliance  with  the  pro- 
visions of  said  act  of  nineteen  hundred  and  three,  they 
shall  relate  back  to  the  defective  certificates,  and  citizen- 
ship shall  be  deemed  to  have  been  perfected  at  the  date  of 
the  defective  certificate. 

Sec.  2.  That  all  the  records  relating  to  naturalization, 
all  declarations  of  intention  to  become  citizens  of  the 
United  States,  and  all  certificates  of  naturalization  filed, 
recorded,  or  issued  prior  to  the  time  when  this  act  takes 
effect  in  or  from  the  criminal  court  of  Cook  county,  Illi- 
nois, shall  for  all  purposes  be  deemed  to  be  and  to  have 
been  made,  filed,  recorded,  or  issued  by  a  court  with  juris- 
diction to  naturalize  aliens,  but  shall  not  be  by  this  act 
further  validated  or  legalized. 

Approved,  June  29,  1906. 

Naturalization  Act  of  June  29,   1906. 

An  Act  to  Establish  a  Bureau  of  Immigration  and  Naturali- 
zation, and  To  Provide  for  a  Uniform  Rule  for  the  Nat- 
uralization of  Aliens  Throughout  the  United  States. 

[Stat.  1905-6,  Part  I.,  p.  596.] 

Be  it  enacted  by  the  Sefiate  and  House  of  Represent- 
atives of  the  United  States  of  America  in  Congress  as- 
sembled, That  the  designation  of  the  Bureau  of  Immigra- 
FuND.  OF  Am.  Gov. — 12. 


178  Fundamentals  of  American  Government. 

tion  in  the  Department  of  Commerce  and  Labor  is  hereby- 
changed  to  the  "Bureau  of  Immigration  and  NaturaHza- 
tion,"  which  said  Bureau,  under  the  direction  and  control 
of  the  Secretary  of  Commerce  and  Labor,  in  addition  to 
the  duties  now  provided  by  law,  shall  have  charge  of  all 
matters  concerning  the  naturalization  of  aliens.  That 
it  shall  be  the  duty  of  the  said  Bureau  to  provide,  for  use 
at  the  various  immigration  stations  throughout  the  United 
States,  books  of  record,  wherein  the  commissioners  of 
immigration  shall  cause  a  registry  to  be  made  in  the  case 
of  each  alien  arriving  in  the  United  States  from  and  after 
the  passage  of  this  act,  of  the  name,  age,  occupation,  per- 
sonal description  (including  height,  complexion,  color  of 
hair  and  eyes),  the  place  of  birth,  the  last  residence,  the 
intended  place  of  residence  in  the  United  States,  and  the 
date  of  arrival  of  said  alien,  and,  if  entered  through  a 
port,  the  name  of  the  vessel  in  which  he  comes.  And  it 
shall  be  the  duty  of  said  commissioners  of  immigration  to 
cause  to  be  granted  to  such  alien  a  certificate  of  such  regis- 
try, with  the  particulars  thereof. 

Sec.  2.  That  the  Secretary  of  Commerce  and  Labor 
shall  provide  the  said  Bureau  with  such  additional  fur- 
nished offices  within  the  city  of  Washington,  such  books 
of  record  and  facilities,  and  such  additional  assistants, 
clerks,  stenographers,  typewriters,  and  other  employees 
as  may  be  necessary  for  the  proper  discharge  of  the  duties 
imposed  by  this  act  upon  such  Bureau,  fixing  the  compen- 
sation of  such  additional  employees  until  July  first,  nine- 
teen hundred  and  seven,  within  the  appropriations  made 
for  that  purpose. 

Sec.  3.  That  exclusive  jurisdiction  to  naturalize  aliens 
as  citizens  of  the  United  States  is  hereby  conferred  upon 
the  following  specified  courts  : 

United  States  circuit  and  district  courts  now  existing, 


Naturalization.  179 

or  which  may  hereafter  be  estabh'shed  by  Congress  in  any 
state,  United  States  district  courts  for  the  territories  of 
Arizona,  New  Mexico,  Oklahoma,  Hawaii,  and  Alaska, 
the  supreme  court  of  the  District  of  Columbia,  and  the 
United  States  courts  for  the  Indian  territory;  also  all 
courts  of  record  in  any  state  or  territory  now  existing,  or 
which  may  hereafter  be  created,  having  a  seal,  a  clerk,  and 
jurisdiction  in  actions  at  law  or  equity,  or  law  and  equity, 
in  which  the  amount  in  controversy  is  unlimited. 

That  the  naturalization  jurisdiction  of  all  courts  herein 
specified — state,  territorial,  and  Federal — shall  extend 
only  to  aliens  resident  within  the  respective  judicial  dis- 
tricts of  such  courts. 

The  courts  herein  specified  shall,  upon  the  requisition 
of  the  clerks  of  such  courts,  be  furnished  from  time  to 
time  by  the  Bureau  of  Immigration  and  Naturalization 
with  such  blank  forms  as  may  be  required  in  the  natural- 
ization of  aliens,  and  all  certificates  of  naturalization  shall 
be  consecutively  numbered  and  printed  on  safety  paper 
furnished  by  said  Bureau. 

Sec.  4.  That  an  alien  may  be  admitted  to  become  a  citi- 
zen of  the  United  States  in  the  following  manner,  and 
not  otherwise : 

First.  He  shall  declare  on  oath  before  the  clerk  of  any 
court  authorized  by  this  act  to  naturalize  aliens,  or  his 
authorized  deputy,  in  the  district  in  which  such  alien  re- 
sides, two  years  at  least  prior  to  his  admission,  and  after 
he  has  reached  the  age  of  eighteen  years,  that  it  is  bona 
fide  his  intention  to  become  a  citizen  of  the  United  States, 
and  to  renounce  forever  all  allegiance  and  fidelity  to  any 
foreign  prince,  potentate,  state,  or  sovereignty,  and  par- 
ticularly, by  name,  to  the  prince,  potentate,  state,  or 
sovereignty  of  which  the  alien  may  be  at  the  time  a  citi- 
zen or  subject.     And  such  declaration  shall  set  forth  the 


i8o  Fundamentals  of  American  Government. 

name,  age,  occupation,  personal  description,  place  of  birth, 
last  foreign  residence  and  allegiance,  the  date  of  arrival, 
name  of  the  vessel,  if  any,  in  which  he  came  to  the  United 
States,  and  the  present  place  of  residence  in  the  United 
States  of  said  alien :  Provided,  however,  That  no  alien 
who,  in  conformity  with  the  law  in  force  at  the  date  of 
his  declaration,  has  declared  his  intention  to  become  a 
citizen  of  the  United  States,  shall  be  required  to  renew 
such  declaration. 

Second.  Not  less  than  two  years  nor  more  than  seven 
years  after  he  has  made  such  declaration  of  intention  he 
shall  make  and  file,  in  duplicate,  a  petition  in  writing, 
signed  by  the  applicant  in  his  own  handwriting  and  duly 
verified,  in  which  petition  such  applicant  shall  state  his 
full  name,  his  place  of  residence  (by  street  and  number, 
if  possible),  his  occupation,  and,  if  possible,  the  date  and 
place  of  his  birth ;  the  place  from  which  he  emigrated, 
and  the  date  and  place  of  his  arrival  in  the  United  States, 
and,  if  he  entered  through  a  port,  the  name  of  the  vessel 
on  which  he  arrived;  the  time  when  and  the  place  and 
name  of  the  court  where  he  declared  his  intention  to  be- 
come a  citizen  of  the  United  States;  if  he  is  married  he 
shall  state  the  name  of  his  wife,  and,  if  possible,  the  coun- 
try of  her  nativity  and  her  place  of  residence  at  the  time  of 
filing  his  petition ;  and  if  he  has  children,  the  name,  date, 
and  place  of  birth  and  place  of  residence  of  each  child  liv- 
ing at  the  time  of  the  filing  of  his  petition :  Provided, 
That  if  he  has  filed  his  declaration  before  the  passage  of 
this  act  he  shall  not  be  required  to  sign  the  petition  in  his 
own  handwriting. 

The  petition  shall  set  forth  that  he  is  not  a  disbeliever 
in  or  opposed  to  organized  government,  or  a  member  of  or 
affiliated  with  any  organization  or  body  of  persons  teach- 
ing disbelief  in  or  opposed  to  organized  government,  a 


Naturalisation.  '  i8l 

polygamist  or  believer  in  the  practice  of  polygamy,  and 
that  it  is  his  intention  to  become  a  citizen  of  the  United 
States  and  to  renounce  absolutely  and  forever  all  al- 
legiance and  fidelity  to  any  foreign  prince,  potentate,  state, 
or  sovereignty,  and  particularly,  by  name,  to  the  prince, 
potentate,  state,  or  sovereignty  of  which  he  at  the  time 
of  filing  of  his  petition  may  be  a  citizen  or  subject,  and 
that  it  is  his  intention  to  reside  permanently  within  the 
United  States,  and  whether  or  not  he  has  been  denied  ad- 
mission as  a  citizen  of  the  United  States,  and,  if  denied, 
the  ground  or  grounds  of  such  denial,  the  court  or  courts 
in  which  such  decision  was  rendered,  and  that  the  cause 
for  such  denial  has  since  been  cured  or  removed,  and 
every  fact  material  to  his  naturalization  and  required 
to  be  proved  upon  the  final  hearing  of  his  application. 

The  petition  shall  also  be  verified  by  the  affidavits  of 
at  least  two  credible  witnesses  who  are  citizens  of  the 
United  States,  and  who  shall  state  in  their  affidavits  that 
they  have  personally  known  the  applicant  to  be  a  resident 
of  the  United  States  for  a  period  of  at  least  five  years 
continuously,  and  of  the  state,  territory,  or  district  in 
which  the  application  is  made  for  a  period  of  at  least  one 
year  immediately  preceding  the  date  of  the  filing  of  his  pe- 
tition, and  that  they  each  have  personal  knowledge  that 
the  petitioner  is  a  person  of  good  moral  character,  and 
that  he  is  in  every  way  qualified,  in  their  opinion,  to  be 
admitted  as  a  citizen  of  the  United  States. 

At  the  time  of  filing  his  petition  there  shall  be  filed  with 
the  clerk  of  the  court  a  certificate  from  the  Department 
of  Commerce  and  Labor,  if  the  petitioner  arrives  in  the 
United  States  after  the  passage  of  this  act,  stating  the 
date,  place,  and  manner  of  his  arrival  in  the  United 
States,  and  the  declaration  of  intention  of  such  petitioner, 
which  certificate  and  declaration  shall  be  attached  to  and 
made  a  part  of  said  petition. 


l82  Fuiidainentah  of  American  Government. 

Third.  He  shall,  before  he  is  admitted  to  citizenship, 
declare  on  oath  in  open  court  that  he  will  support  the 
Constitution  of  the  United  States,  and  that  he  absolutely 
and  entirely  renounces  and  abjures  all  allegiance  and 
fidelity  to  any  foreign  prince,  potentate,  state,  or  sov- 
ereignty, and  particularly,  by  name,  to  the  prince,  poten- 
tate, state,  or  sovereignty  of  which  he  was  before  a  citi- 
zen or  subject;  that  he  will  support  and  defend  the  Con- 
stitution and  laws  of  the  United  States  against  all  ene- 
mies, foreign  and  domestic,  and  bear  true  faith  and  al- 
legiance to  the  same. 

Fourth.  It  shall  be  made  to  appear  to  the  satisfaction 
of  the  court  admitting  any  alien  to  citizenship  that  imme- 
diately preceding  the  date  of  his  application  he  has  re- 
sided continuously  within  the  United  States  five  years  at 
least,  and  within  the  state  or  territory  where  such  court 
is  at  the  time  held  one  year  at  least,  and  that  during  that 
time  he  has  behaved  as  a  man  of  good  moral  character, 
attached  to  the  principles  of  the  Constitution  of  the  Unit- 
ed States,  and  well  disposed  to  the  good  order  and  happi- 
ness of  the  same.  In  addition  to  the  oath  of  the  appli- 
cant, the  testimony  of  at  least  two  witnesses,  citizens 
of  the  United  States,  as  to  the  facts  of  residence,  moral 
character,  and  attachment  to  the  principles  of  the  Con- 
stitution shall  be  required,  and  the  name,  place  of  resi- 
dence, and  occupation  of  each  witness  shall  be  set  forth 
in  the  record. 

Fifth.  In  case  the  alien  applying  to  be  admitted  to  citi- 
zenship has  borne  any  hereditary  title,  or  has  been  of  any 
of  the  orders  of  nobility  in  the  kingdom  or  state  from 
which  he  came,  he  shall,  in  addition  to  the  above  re- 
quisites, make  an  express  renunciation  of  his  title  or 
order  of  nobility  in  the  court  to  which  his  application  is 
made,  and  his  renunciation  shall  be  recorded  in  the  court. 


Naturalization.  183 

Sixth.  When  any  alien  who  has  declared  his  intention 
to  become  a  citizen  of  the  United  States  dies  before  he 
is  actually  naturalized,  the  widow  and  minor  children  of 
such  alien  may,  by  complying  with  the  other  provisions 
of  this  act,  be  naturalized  without  making  any  declara- 
tion of  intention. 

Sec.  5.  That  the  clerk  of  the  court  shall,  immediately 
after  filing  the  petition,  give  notice  thereof  by  posting  in 
a  public  and  conspicuous  place  in  his  office,  or  in  the 
building  in  which  his  office  is  situated,  under  an  appro- 
priate heading,  the  name,  nativity,  and  residence  of  the 
alien,  the  date  and  place  of  his  arrival  in  the  United 
States,  and  the  date,  as  nearly  as  may  be,  for  the  final 
hearing  of  his  petition,  and  the  names  of  the  witnesses 
whom  the  applicant  expects  to  summon  in  his  behalf; 
and  the  clerk  shall,  if  the  applicant  requests  it,  issue  a 
subpoena  for  the  witnesses  so  named  by  the  said  applicant 
to  appear  upon  the  day  set  for  the  final  hearing,  but  in 
case  such  witnesses  cannot  be  produced  upon  the  final 
hearing  other  witnesses  may  be  summoned. 

Sec.  6.  That  petitions  for  naturalization  may  be  made 
and  filed  during  term  time  or  vacation  of  the  court,  and 
shall  be  docketed  the  same  day  as  filed,  but  final  action 
thereon  shall  be  had  only  on  stated  days,  to  be  fixed  by 
rule  of  the  court ;  and  in  no  case  shall  final  action  be  had 
upon  a  petition  until  at  least  ninety  days  have  elapsed 
after  filing  and  posting  the  notice  of  such  petition :  Pro- 
vided, That  no  person  shall  be  naturalized  nor  shall  any 
certificate  of  naturalization  be  issued  by  any  court  with- 
in thirty  days  preceding  the  holding  of  any  general  elec- 
tion within  its  territorial  jurisdiction.  It  shall  be  law- 
ful, at  the  time  and  as  a  part  of  the  naturalization  of  any 
alien,  for  the  court,  in  its  discretion,  upon  the  petition 
of  such  alien,  to  make  a  decree  changing  the  name  of 


184  Fundamentals  of  American  Government. 

said  alien,  and  his  certificate  of  naturalization  shall  be 
issued  to  him  in  accordance  therewith. 

Sec.  7.  That  no  person  who  disbelieves  in  or  who  is 
opposed  to  organized  government,  or  who  is  a  member  of 
or  affiliated  with  any  organization  entertaining  and  teach- 
ing such  disbelief  in  or  opposition  to  organized  govern- 
ment, or  who  advocates  or  teaches  the  duty,  necessity,  or 
propriety  of  the  unlawful  assaulting  or  killing  of  any 
officer  or  officers,  either  of  specific  individuals  or  of  offi- 
cers generally,  of  the  government  of  the  United  States, 
or  of  any  other  organized  government,  because  of  his 
or  their  official  character,  or  who  is  a  polygamist,  shall 
be  naturalized  or  be  made  a  citizen  of  the  United  States. 

Sec.  8.  That  no  alien  shall  hereafter  be  naturalized  or 
admitted  as  a  citizen  of  the  United  States  who  cannot 
speak  the  English  language  :  Provided,  That  this  require- 
ment shall  not  apply  to  aliens  who  are  physically  unable 
to  comply  therewith,  if  they  are  otherwise  qualified  to 
become  citizens  of  the  United  States :  And  provided  fur- 
ther, That  the  requirements  of  this  section  shall  not  ap- 
ply to  any  alien  who  has,  prior  to  the  passage  of  this 
act,  declared  his  intention  to  become  a  citizen  of  the 
United  States  in  conformity  with  the  law  in  force  at 
the  date  of  making  such  declaration :  Provided  further, 
That  the  requirements  of  section  eight  shall  not  apply 
to  aliens  who  shall  hereafter  declare  their  intention  to 
become  citizens,  and  who  shall  make  homestead  entries 
upon  the  public  lands  of  the  United  States,  and  comply 
in  all  respects  with  the  laws  providing  for  homestead 
entries  on  such  lands. 

Sec.  9.  That  every  final  hearing  upon  such  petition 
shall  be  had  in  open  court  before  a  judge  or  judges  there- 
of, and  every  final  order  which  may  be  made  upon  such 
petition  shall  be  under  the  hand  of  the  court  and  entered 


Naturalisation. 


iSk 


in  full  upon  a  record  kept  for  that  purpose,  and  upon 
such  final  hearing  of  such  petition  the  applicant  and  wit- 
nesses shall  be  examined  under  oath  before  the  court  and 
in  the  presence  of  the  court. 

Sec.  lo.  That  in  case  the  petitioner  has  not  resided 
in  the  state,  territory,  or  district  for  a  period  of  five  years 
continuously  and  immediately  preceding  the  filing  of  his 
petition  he  may  establish  by  two  witnesses,  both  in  his 
petition  and  at  the  hearing,  the  time  of  his  residence  with- 
in the  state,  provided  that  it  has  been  for  more  than  one 
year,  and  the  remaining  portion  of  his  five  years'  resi- 
dence within  the  United  States  required  by  law  to  be 
established  may  be  proved  by  the  depositions  of  two  or 
more  witnesses  who  are  citizens  of  the  United  States, 
upon  notice  to  the  Bureau  of  Immigration  and  Natural- 
ization and  the  United  States  attorney  for  the  district  in 
which  said  witnesses  may  reside. 

Sec.  II.  That  the  United  States  shall  have  the  right 
to  appear  before  any  court  or  courts  exercising  jurisdic- 
tion in  naturalization  proceedings,  for  the  purpose  of 
cross-examining  the  petitioner  and  the  witnesses  produced 
in  support  of  his  petition,  concerning  any  matter  touch- 
ing or  in  any  way  affecting  his  right  to  admission  to 
citizenship,  and  shall  have  the  right  to  call  witnesses, 
produce  evidence,  and  be  heard  in  opposition  to  the  grant- 
ing of  any  petition  in  naturalization  proceedings. 

Sec.  12.  That  it  is  hereby  made  the  duty  of  the  clerk 
of  each  and  every  court  exercising  jurisdiction  in  natural- 
ization matters  under  the  provisions  of  this  act  to  keep  and 
file  a  duplicate  of  each  declaration  of  intention  made  be- 
fore him,  and  to  send  to  the  Bureau  of  Immigration  and 
Naturalization  at  Washington,  within  thirty  days  after 
the  issuance  of  a  certificate  of  citizenship,  a  duplicate  of 
such  certificate,  and  to  make  and  keep  on  file  in  his  office 


i86  Fundamentals  of  American  Government. 

a  stub  for  each  certificate  so  issued  by  him,  whereon  shall 
be  entered  a  memorandum  of  all  the  essential  facts  set 
forth  in  such  certificate.  It  shall  also  be  the  duty  of  the 
clerk  of  each  of  said  courts  to  report  to  the  said  Bureau, 
within  thirty  days  after  the  final  hearing  and  decision  of 
the  court,  the  name  of  each  and  every  alien  who  shall  be 
denied  naturalization,  and  to  furnish  to  said  Bureau 
duplicates  of  all  petitions  within  thirty  days  after  the  fil- 
ing of  the  same,  and  certified  copies  of  such  other  pro- 
ceedings and  orders  instituted  in  or  issued  out  of  said 
court,  affecting  or  relating  to  the  naturalization  of  aliens, 
as  may  be  required  from  time  to  time  by  the  said  Bureau. 

In  case  any  such  clerk  or  officer  acting  under  his  direc- 
tion shall  refuse  or  neglect  to  comply  with  any  of  the 
foregoing  provisions  he  shall  forfeit  and  pay  to  the  Unit- 
ed States  the  sum  of  twenty-five  dollars  in  each  and 
every  case  in  which  such  violation  or  omission  occurs,  and 
the  amount  of  such  forfeiture  may  be  recovered  by  the 
United  States  in  an  action  of  debt  against  such  clerk. 

Clerks  of  courts  having  and  exercising  jurisdiction  in 
naturalization  matters  shall  be  responsible  for  all  blank 
certificates  of  citizenship  received  by  them  from  time  to 
time  from  the  Bureau  of  Immigration  and  Naturaliza- 
tion, and  shall  account  for  the  same  to  the  said  Bureau 
whenever  required  so  to  do  by  such  Bureau.  No  certifi- 
cate of  citizenship  received  by  any  such  clerk,  which  may 
be  defaced  or  injured  in  such  manner  as  to  prevent  its 
use  as  herein  provided,  shall  in  any  case  be  destroyed, 
but  such  certificate  shall  be  returned  to  the  said  Bureau ; 
and  in  case  any  such  clerk  shall  fail  to  return  or  properly 
account  for  any  certificate  furnished  by  the  said  Bureau, 
as  herein  provided,  he  shall  be  liable  to  the  United  States 
in  the  sum  of  fifty  dollars,  to  be  recovered  in  an  action 
of  debt,  for  each  and  every  certificate  not  properly  ac- 
counted for  or  returned. 


Naturalisation.  187 

Sec.  13.  That  the  clerk  of  each  and  every  court  exer- 
cising jurisdiction  in  naturaHzation  cases  shall  charge, 
collect,  and  account  for  the  following  fees  in  each  pro- 
ceeding : 

For  receiving  and  filing  a  declaration  of  intention  and 
issuing  a  duplicate  thereof,  one  dollar. 

For  making,  filing,  and  docketing  the  petition  of  an 
alien  for  admission  as  a  citizen  of  the  United  States  and 
for  the  final  hearing  thereon,  two  dollars;  and  for  en- 
tering the  final  order  and  the  issuance  of  the  certificate 
of  citizenship  thereunder,  if  granted,  two  dollars. 

The  clerk  of  any  court  collecting  such  fees  is  hereby 
authorized  to  retain  one  half  of  the  fees  collected  by  him 
in  such  naturalization  proceeding;  the  remaining  one 
half  of  the  naturalization  fees  in  each  case  collected  by 
such  clerks,  respectively,  shall  be  accounted  for  in  their 
quarterly  accounts,  which  they  are  hereby  required  to 
render  the  Bureau  of  Immigration  and  Naturalization, 
and  paid  over  to  such  Bureau  within  thirty  days  from 
the  close  of  each  quarter  in  each  and  every  fiscal  year, 
and  the  moneys  so  received  shall  be  paid  over  to  the  dis- 
bursing clerk  of  the  Department  of  Commerce  and  Labor, 
who  shall  thereupon  deposit  them  in  the  Treasury  of 
the  United  States,  rendering  an  account  therefor  quarter- 
ly to  the  Auditor  for  the  State  and  other  Departments, 
and  the  said  disbursing  clerk  shall  be  held  responsible 
under  his  bond  for  said  fees  so  received. 

In  addition  to  the  fees  herein  required,  the  petitioner 
shall,  upon  the  filing  of  his  petition  to  become  a  citizen 
of  the  United  States,  deposit  with  and  pay  to  the  clerk 
of  the  court  a  sum  of  money  sufficient  to  cover  the  ex- 
penses of  subpoenaing  and  paying  the  legal  fees  of  any 
witnesses  for  whom  he  may  request  a  subpoena,  and  upon 
the  final  discharge  of  such  witnesses  thev  shall  receive, 


1 88  Fundamentals  of  American  Government. 

if  they  demand  the  same  from  the  clerk,  the  customary 
and  usual  witness  fees  from  the  moneys  which  the  pe- 
titioner shall  have  paid  to  such  clerk  for  such  purpose, 
and  the  residue,  if  any,  shall  be  returned  by  the  clerk  to 
the  petitioner :  Provided,  That  the  clerks  of  courts  exer- 
cising jurisdiction  in  naturalization  proceedings  shall  be 
permitted  to  retain  one  half  of  the  fees  in  any  fiscal  year 
up  to  the  sum  of  three  thousand  dollars,  and  that  all  fees 
received  by  such  clerks  in  naturalization  proceedings  in 
excess  of  such  amount  shall  be  accounted  for  and  paid 
over  to  said  Bureau  as  in  case  of  other  fees  to  which  the 
United  States  may  be  entitled  under  the  provisions  of  this 
act.  The  clerks  of  the  various  courts  exercising  jurisdic- 
tion in  naturalization  proceedings  shall  pay  all  additional 
clerical  force  that  may  be  required  in  performing  the 
duties  imposed  by  this  act  upon  the  clerks  of  courts  from 
fees  received  by  such  clerks  in  naturalization  proceedings. 
And  in  case  the  clerk  of  any  court  collects  fees  in  excess  of 
the  sum  of  six  thousand  dollars  in  any  one  year,  the  Secre- 
tary of  Commerce  and  Labor  may  allow  to  such  clerk 
from  the  money  which  the  United  States  shall  receive 
additional  compensation  for  the  employment  of  additional 
clerical  assistance,  but  for  no  other  purpose,  if,  in  the 
opinion  of  the  said  Secretary,  the  business  of  such  clerk 
warrants  such  allowance. 

Sec.  14.  That  the  declarations  of  intention  and  the  pe- 
titions for  naturalization  shall  be  bound  in  chronological 
order  in  separate  volumes,  indexed,  consecutively  num- 
bered, and  made  part  of  the  records  of  the  court.  Each 
certificate  of  naturalization  issued  shall  bear  upon  its 
face,  in  a  place  prepared  therefor,  the  volume  number  and 
page  number  of  the  petition  whereon  such  certificate  was 
issued,  and  the  volume  number  and  page  number  of  the 
stub  of  such  certificate. 


Naturalisation.  189 

Sec.  15.  That  it  shall  be  the  duty  of  the  United  States 
district  attorneys  for  the  respective  districts,  upon  affi- 
davit showing  good  cause  therefor,  to  institute  proceedings 
in  any  court  having  jurisdiction  to  naturalize  aliens  in 
the  judicial  district  in  which  the  naturalized  citizen  may 
reside  at  the  time  of  bringing  the  suit,  for  the  purpose 
of  setting  aside  and  canceling  the  certificate  of  citizen- 
ship on  the  ground  of  fraud,  or  on  the  ground  that  such 
certificate  of  citizenship  was  illegally  procured.  In  any 
such  proceedings  the  party  holding  the  certificate  of  citi- 
zenship alleged  to  have  been  fraudulently  or  illegally  pro- 
cured shall  have  sixty  days'  personal  notice  in  which  to 
make  answer  to  the  petition  of  the  United  States ;  and  if 
the  holder  of  such  certificate  be  absent  from  the  United 
States  or  from  the  district  in  which  he  last  had  his  resi- 
dence, such  notice  shall  be  given  by  publication  in  the 
manner  provided  for  the  service  of  summons  by  publi- 
cation or  upon  absentees  by  the  laws  of  the  state  or  the 
place  where  such  suit  is  brought. 

If  any  alien  who  shall  have  secured  a  certificate  of 
citizenship  under  the  provisions  of  this  act  shall,  within 
five  years  after  the  issuance  of  such  certificate,  return  to 
the  country  of  his  nativity,  or  go  to  any  other  foreign 
country,  and  take  permanent  residence  therein,  it  shall 
be  considered  prima  facie  evidence  of  a  lack  of  intention 
on  the  part  of  such  alien  to  become  a  permanent  citizen 
of  the  United  States  at  the  time  of  filing  his  application 
for  citizenship,  and,  in  the  absence  of  countervailing  evi- 
dence, it  shall  be  sufficient  in  the  proper  proceeding  to 
authorize  the  cancelation  of  his  certificate  of  citizenship 
as  fraudulent,  and  the  diplomatic  and  consular  officers 
of  the  United  States  in  foreign  countries  shall  from  time 
to  time,  through  the  Department  of  State,  furnish  the 
Department  of  Justice  with  the  names  of  those  within 


190  Fundamentals  of  American  Government. 

their  respective  jurisdictions  who  have  such  certificates 
of  citizenship,  and  who  have  taken  permanent  residence 
in  the  country  of  their  nativity,  or  in  any  other  foreign 
country;  and  such  statements,  duly  certijfied,  shall  be  ad- 
missible in  evidence  in  all  courts  in  proceedings  to  cancel 
certificates  of  citizenship. 

Whenever  any  certificate  of  citizenship  shall  be  set 
aside  or  canceled,  as  herein  provided,  the  court  in  which 
such  judgment  or  decree  is  rendered  shall  make  an  order 
canceling  such  certificate  of  citizenship,  and  shall  send  a 
certified  copy  of  such  order  to  the  Bureau  of  Immigra- 
tion and  Naturalization;  and  in  case  such  certificate  was 
not  originally  issued  by  the  court  making  such  order  it 
shall  direct  the  clerk  of  the  court  to  transmit  a  copy  of 
such  order  and  judgment  to  the  court  out  of  which  such 
certificate  of  citizenship  shall  have  been  originally  issued. 
And  it  shall  thereupon  be  the  duty  of  the  clerk  of  the 
court  receiving  such  certified  copy  of  the  order  and  judg- 
ment of  the  court  to  enter  the  same  of  record,  and  to 
cancel  such  original  certificate  of  citizenship  upon  the 
records,  and  to  notify  the  Bureau  of  Immigration  and 
Naturalization  of  such  cancelation. 

The  provisions  of  this  section  shall  apply  not  only  to 
certificates  of  citizenship  issued  under  the  provisions  of 
this  act,  but  to  all  certificates  of  citizenship  which  may 
have  been  issued  heretofore  by  any  court  exercising  juris- 
diction in  naturalization  proceedings  under  prior  laws. 

Sec.  1 6.  That  every  person  who  falsely  makes,  forges, 
counterfeits,  or  causes  or  procures  to  be  falsely  made, 
forged,  or  counterfeited,  or  knowingly  aids  or  assists  in 
falsely  making,  forging,  or  counterfeiting  any  certificate 
of  citizenship,  with  intent  to  use  the  same,  or  with  the 
intent  that  the  same  may  be  used  by  some  other  person 
or  persons,  shall  be  guilty  of  a  felony,  and  a  person  con- 


Katiiralization.  191 

victed  of  such  offense  shall  be  punished  by  imprisonment 
for  not  more  than  ten  years,  or  by  a  fine  of  not  more 
than  ten  thousand  dollars,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  17.  That  every  person  who  engraves  or  causes  or 
procures  to  be  engraved,  or  assists  in  engraving,  any 
plate  in  the  likeness  of  any  plate  designed  for  the  print- 
ing of  a  certificate  of  citizenship,  or  who  sells  any  such 
plate,  or  who  brings  into  the  United  States  from  any 
foreign  place  any  such  plate,  except  under  the  direction  of 
the  Secretary  of  Commerce  and  Labor,  or  other  proper 
officer;  and  any  person  who  has  in  his  control,  custody, 
or  possession  any  metallic  plate  engraved  after  the  simili- 
tude of  any  plate  from  which  any  such  certificate  has  been 
printed,  with  intent  to  use  such  plate  or  suffer  the  same 
to  be  used  in  forging  or  counterfeiting  any  such  certifi- 
cate or  any  part  thereof;  and  every  person  who  prints, 
photographs,  or  in  any  other  manner  causes  to  be  printed, 
photographed,  made,  or  executed  any  print  or  impression 
in  the  likeness  of  any  such  certificate,  or  any  part  thereof, 
or  who  sells  any  such  certificate,  or  brings  the  same  into 
the  United  States  from  any  foreign  place,  except  by  di- 
rection of  some  proper  officer  of  the  United  States,  or 
who  has  in  his  possession  a  distinctive  paper  which  has 
been  adopted  by  the  proper  officer  of  the  United  States 
for  the  printing  of  such  certificate,  with  intent  to  unlaw- 
fully use  the  same, — shall  be  punished  by  a  fine  of  not 
more  than  ten  thousand  dollars,  or  by  imprisonment  at 
hard  labor  for  not  more  than  ten  years,  or  by  both  such 
fine  and  imprisonment. 

Sec.  18.  That  it  is  hereby  made  a  felony  for  any  clerk 
or  other  person  to  issue  or  be  a  party  to  the  issuance 
of  a  certificate  of  citizenship  contrary  to  the  provisions 
of  this  act,  except  upon  a  final  order  under  the  hand  of 


192  Fundamentals  of  American  Government. 

a  court  having  jurisdiction  to  make  such  order,  and  upon 
conviction  thereof  such  clerk  or  other  person  shall  be  pun- 
ished by  imprisonment  for  not  more  than  five  years  and 
by  a  fine  of  not  more  than  five  thousand  dollars,  in  the 
discretion  of  the  court. 

Sec.  19.  That  every  person  who,  without  lawful  ex- 
cuse, is  possessed  of  any  blank  certificate  of  citizenship 
provided  by  the  Bureau  of  Immigration  and  Naturaliza- 
tion, with  intent  unlawfully  to  use  the  same,  shall  be  im- 
prisoned at  hard  labor  not  more  than  five  years  or  be  fined 
not  more  than  one  thousand  dollars. 

Sec.  20.  That  any  clerk  or  other  officer  of  a  court  hav- 
ing power  under  this  act  to  naturalize  aliens,  who  wil- 
fully neglects  to  render  true  accounts  of  moneys  received 
by  him  for  naturalization  proceedings,  or  who  wilfully 
neglects  to  pay  over  any  balance  of  such  moneys  due  to 
the  United  States  within  thirty  days  after  said  payment 
shall  become  due  and  demand  therefor  has  been  made 
and  refused,  shall  be  deemed  guilty  of  embezzlement  of 
the  public  moneys,  and  shall  be  punishable  by  imprison- 
ment for  not  more  than  five  years,  or  by  a  fine  of  not 
more  than  five  thousand  dollars,  or  both. 

Sec.  21.  That  it  shall  be  unlawful  for  any  clerk  of  any 
court  or  his  authorized  deputy  or  assistant  exercising 
jurisdiction  in  naturalization  proceedings,  [or]  to  demand, 
charge,  collect,  or  receive  any  other  or  additional  fees 
or  moneys  in  naturalization  proceedings  save  the  fees  and 
moneys  herein  specified;  and  a  violation  of  any  of  the 
provisions  of  this  section  or  any  part  thereof  is  hereby 
declared  to  be  a  misdemeanor,  and  shall  be  punished  by 
imprisonment  for  not  more  than  two  years,  or  by  a  fine 
of  not  more  than  one  thousand  dollars,  or  by  both  such 
fine  and  imprisonment. 

Sec.  22.  That  the  clerk  of  any  court  exercising  juris- 
diction in  naturalization  proceedings,  or  any  person  act- 


Naturalisation.  193 

ing  under  authority  of  this  act,  who  shall  knowingly 
certify  that  a  petitioner,  affiant,  or  witness  named  in  an 
aftidavit,  petition,  or  certificate  of  citizenship,  or  other 
paper  or  writing  required  to  be  executed  under  the  pro- 
visions of  this  act,  personally  appeared  before  him  and 
was  sworn  thereto,  or  acknowledged  the  execution  there- 
of or  signed  the  same,  when  in  fact  such  petitioner,  affi- 
ant, or  witness  did  not  personally  appear  before  him,  or 
was  not  sworn  thereto,  or  did  not  execute  the  same,  or 
did  not  acknowledge  the  execution  thereof,  shall  be  pun- 
ished by  a  fine  not  exceeding  five  thousand  dollars,  or 
by  imprisonment  not  to  exceed  five  years. 

Sec.  23.  That  any  person  who  knowingly  procures 
naturalization  in  violation  of  the  provisions  of  this  act 
shall  be  fined  not  more  than  five  thousand  dollars,  or  shall 
be  imprisoned  not  more  than  five  years,  or  both,  and  upon 
conviction  the  court  in  which  such  conviction  is  had  shall 
thereupon  adjudge  and  declare  the  final  order  admitting 
such  person  to  citizenship  void.  Jurisdiction  is  hereby 
conferred  on  the  courts  having  jurisdiction  of  the  trial 
of  such  offense  to  make  such  adjudication.  Any  person 
who  knowingly  aids,  advises,  or  encourages  any  person 
not  entitled  thereto  to  apply  for  or  to  secure  naturaliza- 
tion, or  to  file  the  preliminary  papers  declaring  an  intent 
to  become  a  citizen  of  the  United  States,  or  who  in  any 
naturalization  proceeding  knowingly  procures  or  gives 
false  testimony  as  to  any  material  fact,  or  who  knowingly 
makes  an  affidavit  false  as  to  any  material  fact  required 
to  be  proved  in  such  proceeding,  shall  be  fined  not  more 
than  five  thousand  dollars,  or  imprisoned  not  more  than 
five  years,  or  both. 

Sec.  24.  That  no  person  shall  be  prosecuted,  tried,  or 
punished  for  any  crime  arising  under  the  provisions  of 
this  act  unless  the  indictment  is  found  or  the  information 
Fund,  of  Am.  Gov. — 13. 


194  Fundamentals  of  American  Government. 

is  filed  within  five  years  next  after  the  commission  of 
such  crime. 

Sec.  25.  That  for  the  purpose  of  the  prosecution  of  all 
crimes  and  offenses  against  the  naturalization  laws  of  the 
United  States  which  may  have  been  committed  prior  to 
the  date  when  this  act  shall  go  into  effect,  the  existing 
naturalization  laws  shall  remain  in  full  force  and  effect. 

Sec.  26.  That  sections  twenty-one  hundred  and  sixty- 
five,  twenty-one  hundred  and  sixty-seven,  twenty-one 
hundred  and  sixty-eight,  twenty-one  hundred  and  sev- 
enty-three, of  the  Revised  Statutes  of  the  United  States 
of  America,  and  section  thirty-nine  of  chapter  one  thou- 
sand and  twelve  of  the  Statutes  at  Large  of  the  United 
States  of  America  for  the  year  nineteen  hundred  and 
three,  and  all  acts  or  parts  of  acts  inconsistent  with  or 
repugnant  to  the  provisions  of  this  act,  are  hereby  re- 
pealed. 

Sec.  27.  That  substantially  the  following  forms  shall 
be  used  in  the  proceedings  to  which  they  relate: 

DECLARATION   OF  INTENTION. 

(Invalid   for   all   purposes   seven   years   after   the   date 

hereof. ) 

,  ss: 

I, ,  aged  ....  years,  occupation , 

do  declare  on  oath  (affirm)  that  my  personal  description 

is :    Color    ,  complexion    ,  height    , 

weight ,  color  of  hair ,  color  of  eyes , 

other  visible  distinctive  marks ;  I  was  born  in 

on  the    day  of    ,  anno  Domini    ; 

I  now  reside  at ;  I  emigrated  to  the  United  States 

of  America  from on  the  vessel ;  my  last 

foreign  residence  was   It  is  my  bona  fide  in- 


Naturalisation.  195 

tention  to  renounce  forever  all  allegiance  and  fidelity 
to  any  foreign  prince,  potentate,  state,  or  sovereignty, 

and  particularly  tc ,  of  which  I  am  now  a  citizen 

(subject)  ;  I  arrived  at  the  (port)  of ,  in  the  state 

(territory  or  district)  of on  or  about  the 

day  of  anno  Domini  ;  I  am  not  an  an- 
archist; I  am  not  a  polygamist  nor  a  believer  in  the 
practice  of  polygamy ;  and  it  is  my  intention  in  good  faith 
to  become  a  citizen  of  the  United  States  of  America  and 
to  permanently  reside  therein.     So  help  me  God. 

(Original  signature  of  declarant)    

Subscribed  and  sworn  to    (affirmed)    before  me  this 
....  day  of ,  anno  Domini 

[L.    S.]  

(Official  character  of  attestor.) 

PETITION    FOR    NATURALIZATION. 

Court  of   

In  the  matter  of  the  petition  of to  be  ad- 
mitted as  a  citizen  of  the  United  States  of  America. 

To  the Court : 

The  petition  of respectfully  shows : 

First.  My  full  name  is 

Second.  My  place  of  residence  is  number 

street,  city  of ,  state  (territory  or  district)  of 

Third.  My  occupation  is 

Fourth.  I  was  born  on  the day  of at 


Fifth.  I  emigrated  to  the  United  States  from , 

on  or  about  the    day  of    ,  anno  Domini 

,  and  arrived  at  the  port  of ,  in  the  United 

States,  on  the  vessel 


19^  Fundamentals  of  American  Government. 

Sixth.  I  declared  my  intention  to  become  a  citizen  of 

the  United  States  on  the day  of  ....  at , 

in  the court  of 

Seventh.  I  am  .  .  married.    My  wife's  name  is 

She  was  born  in    and  now  resides  at 

I  have children,  and  the  name,  date,  and 

place  of  birth  and  place  of  residence  of  each  of  said 
children  is  as  follows : : : 


Eighth.  I  am  not  a  disbeliever  in  or  opposed  to  or- 
ganized  government  or  a  member  of  or  affiliated  with 
any  organization  or  body  of  persons  teaching  disbelief  in 
organized  government.  I  am  not  a  polygamist  nor  a 
believer  in  the  practice  of  polygamy.  I  am  attached  to 
the  principles  of  the  Constitution  of  the  United  States, 
and  it  is  my  intention  to  become  a  citizen  of  the  United 
States  and  to  renounce  absolutely  and  forever  all  alle- 
giance and  fidelity  to  any  foreign  prince,  potentate,  state, 

or  sovereignty,  and  particularly  to ,  of  which  at 

this  time  I  am  a  citizen  (or  subject),  and  it  is  my  in- 
tention to  reside  permanently  in  the  United  States. 

Ninth.  I  am  able  to  speak  the  English  language. 

Tenth.  I  have  resided  continuously  in  the  United  States 
of  America  for  a  term  of  five  years  at  least  immediately 

preceding  the  date  of  this  petition,  to  wit,  since , 

anno  Domini ,  and  in  the  state  (territory  or  dis- 
trict) of for  one  year  at  least  next  preceding  the 

date  of  this  petition,  to  wit,  since day  of , 

anno  Domini 

Eleventh.  I  have  not  heretofore  made  petition  for  citi- 
zenship to  any  court.  (I  made  petition  for  citizenship  to 
the court  of at ,  and  the  said  peti- 
tion was  denied  by  the  said  court  for  the  following  rea- 
sons and  causes,  to  wit and  the  cause 

of  such  denial  has  since  been  cured  or  removed.) 


Naturalisation.  197 

Attached  hereto  and  made  a  part  of  this  petition  are 
my  declaration  of  intention  to  become  a  citizen  of  the 
United  States  and  the  certificate  from  the  Department 
of  Commerce  and  Labor  required  by  law.  Wherefore 
your  petitioner  prays  that  he  may  be  admitted  a  citizen 
of  the  United  States  of  America. 

Dated 

(Signature  of  petitioner)   

,  ss : 

,  being  duly  sworn,  deposes  and  says 

that  he  is  the  petitioner  in  the  above-entitled  proceeding ; 
that  he  has  read  the  foregoing  petition  and  knows  the 
contents  thereof ;  that  the  same  is  true  of  his  own  knowl- 
edge, except  as  to  matters  therein  stated  to  be  alleged 
upon  information  and  belief,  and  that  as  to  those  m.atters 
he  believes  it  to  be  true. 

Subscribed  and  sworn  to  before  me  this day  of 

,  anno  Domini 

[L-  s.]  

Clerk  of  the Court. 

AFFIDAVIT   OF    WITNESSES. 

Court  of   

In  the  matter  of  the  petition  of to  be  ad- 
mitted a  citizen  of  the  United  States  of  America. 

,  ss : 

,  occupation ,  residing  at , 

and ,  occupation residing  at 

each  being  severally,  duly,  and  respectively  sworn,  de- 
poses and  says  that  he  is  a  citizen  of  the  United  States 

of  America ;  that  he  has  personally  known , 

the  petitioner  above  mentioned,  to  be  a  resident  of  the 


198  Fundamentals  of  American  Government. 

United  States  for  a  period  of  at  least  five  years  con- 
tinuously immediately  preceding  the  date  of  filing  his  pe- 
tition, and  of  the  state  (territory  or  district)  in  which 
the  above-entitled  application  is  made  for  a  period  of 

years  immediately  preceding  the  date  of  filing 

his  petition ;  and  that  he  has  personal  knowledge  that  the 
said  petitioner  is  a  person  of  good  moral  character,  at- 
tached to  the  principles  of  the  Constitution  of  the  United 
States,  and  that  he  is  in  every  way  qualified,  in  his  opin- 
ion, to  be  admitted  as  a  citizen  of  the  United  States. 


Subscribed  and  sworn  to  before  me  this day  of 

,  nineteen  hundred  and   

[l-  s.]  , 

(Official  character  of  attestor.). 

CERTIFICATE  OF  NATURALIZATION. 

Number 

Petition,  volume ,  page 

Stub,  volume ,  page 

(Signature  of  holder)   

Description  of  holder :    Age, ;  height, ; 

color, ;  complexion, ;  color  of  eyes, ; 

color  of  hair,  .  .  .  .  ;  visible  distinguishing  marks, 

Name,    age,    and   place   of   residence   of   wife,    , 

,   Names,  ages,  and  places  of  residence 

of   minor   children,    ,    , ;    , 

> ) > > 

,  ss : 

Be  it  remembered,  that  at  a term  of  the 

court  of ,  held  at on  the   day  of 

- ,  in  the  year  of  our  Lord  nineteen  hundred  and 

, ,  who  previous  to  his  (her)  naturalization 


Naturalization.  199 

was  a  citizen  or  subject  of ,  at  present  residing  at 

number street,    ....    city   (town),    

state  (territory  or  district),  having  applied  to  be  ad- 
mitted a  citizen  of  the  United  States  of  America  pur- 
suant to  law,  and  the  court  having  found  that  the  peti- 
tioner had  resided  continuously  within  the  United  States 
for  at  least  five  years  and  in  this  state  for  one  year  im- 
mediately preceding  the  date  of  the  hearing  of  his  (her) 
petition,  and  that  said  petitioner  intends  to  reside  perma- 
nently in  the  United  States,  had  in  all  respects  complied 
with  the  law  in  relation  thereto,  and  that  .  .  he  was  en- 
titled to  be  so  admitted,  it  was  thereupon  ordered  by  the 
said  court  that  .  .he  be  admitted  as  a  citizen  of  the  United 
States  of  America, 

In  testimony  whereof  the  seal  of  said  court  is  here- 
unto affixed  on  the day  of   ,  in  the  year 

of  our  Lord  nineteen  hundred  and   ,  and  of  our 

independence  the  

[L.  s.]  , 

(Official  character  of  attestor.). 

STUB    OF    CERTIFICATE    OF    NATURALIZATION. 

No.  of  certificate, 

Name ;  age 

Declaration  of  intention,  volume ,  page 

Petition,  volume ,  page 

Name,  age,  and  place  of  residence  of  wife,    , 

,    Names,  ages,  and  places  of  residence 

of   minor   children,    ,    ,    ;    , 


Date  of  order,  volume P^-ge 

(Signature  of  holder)   . 


2O0  Fundamentals  of  American  Government. 

Sec.  28.  That  the  Secretary  of  Commerce  and  Labor 
shall  have  power  to  make  such  rules  and  regulations  as 
may  be  necessary  for  properly  carrying  into  execution  the 
various  provisions  of  this  act.  Certified  copies  of  all 
papers,  documents,  certificates,  and  records  required  to 
be  used,  filed,  recorded,  or  kept  under  any  and  all  of  the 
provisions  of  this  act  shall  be  admitted  in  evidence  equally 
with  the  originals  in  any  and  all  proceedings  under  this 
act  and  in  all  cases  in  w^iich  the  originals  thereof  might 
be  admissible  as  evidence. 

Sec.  29.  That  for  the  purpose  of  carrying  into  effect 
the  provisions  of  this  act  there  is  hereby  appropriated  tlie 
sum  of  one  hundred  thousand  dollars,  out  of  any  moneys 
in  the  Treasury  of  the  United  States  not  otherwise  ap- 
propriated, which  appropriation  shall  be  in  full  for  the 
objects  hereby  expressed  until  June  thirtieth,  nineteen 
hundred  and  seven;  and  the  provisions  of  section  thirty- 
six  hundred  and  seventy-nine  of  the  Revised  Statutes  of 
the  United  States  shall  not  be  applicable  in  any  way  to 
this  appropriation. 

Sec.  30.  That  all  the  applicable  provisions  of  the  nat- 
uralization laws  of  the  United  States  shall  apply  to  and 
be  held  to  authorize  the  admission  to  citizenship  of  all 
persons  not  citizens  who  owe  permanent  allegiance  to  the 
United  States,  and  who  may  become  residents  of  any 
state  or  organized  territory  of  the  United  States,  with  the 
following  modifications:  The  applicant  shall  not  be  re- 
quired to  renounce  allegiance  to  any  foreign  sovereignty ; 
he  shall  make  his  declaration  of  intention  to  become  a 
citizen  of  the  United  States  at  least  two  years  prior  to 
his  admission;  and  residence  within  the  jurisdiction  of 
the  United  States,  owing  such  permanent  allegiance,  shall 
be  regarded  as  residence  within  the  United  States  within 
the  meaning  of  the  five  years'  residence  clause  of  the 
existing  law. 


Naturalization.  201 

Sec.  31.  That  this  act  shall  take  effect  and  be  in  force 
from  and  after  ninety  days  from  the  date  of  its  passage : 
Provided,  That  sections  one,  two,  twenty-eight,  and  twen- 
ty-nine shall  go  into  effect  from  and  after  the  passage  of 
this  act. 

Approved,  June  29,  1906. 


202  Fundamentals  of  American  Government. 


NATURALIZATION  REGULATIONS. 

Department  of  Commerce  and  Labor, 

Office  of  the  Secretary, 
Washington,  October  2,  1906. 

1.  On  and  after  September  27,  1906,  declarations  of 
intention  to  become  citizens  of  the  United  States  shall 
be  filed  with  the  clerks  of  such  state  courts  only  as  have 
"a  seal,  a  clerk,  and  jurisdiction  in  actions  at  law  or 
equity,  or  law  and  equity,  in  which  the  amount  in  con- 
troversy is  unlimited." 

2.  Declarations  of  intention  made  prior  to  September 
27,  1906,  before  clerks  of  courts  having  jurisdiction  to 
naturalize  aliens  under  the  provisions  of  the  law  existing" 
at  the  time  such  declarations  were  made,  may  be  used 
in  lieu  of  the  declarations  required  by  the  act  of  June 
29,  1906,  at  any  time  after  the  expiration  of  two  years 
from  the  date  when  made. 

3.  Aliens  who  have  made  declarations  of  intention 
prior  to  September  27,  1906,  under  the  provisions  of  law 
in  force  at  the  time  of  making  such  declarations,  cannot 
be  required,  as  a  preliminary  to  filing  their  petitions  for 
naturalization,  to  file  new  declarations  of  intention  under 
the  act  of  June  29,  1906;  nor  are  such  aliens  required, 
as  a  condition  precedent  to  naturalization,  to  speak  the 
English  language. 

4.  Aliens  who  make  the  declaration  of  intention  re- 
quired by  law  prior  to  September  27,  1906,  unless  they 
can  be  naturalized  before  that  date  under  the  laws  then 
in  force,  must  comply  with  the  requirements  of  the  act 


Naturalisation.  203 

of  June  29,  1906,  in  regard  to  the  filing  of  petitions  for 
naturalization  and  furnishing  proof,  except  that  they  will 
not  be  required  to  speak  the  English  language  or  to  sign 
petitions  in  their  own  handwriting. 

5.  Declarations  of  intention  will  be  furnished  in  bound 
volumes  (Form  2202,  2202 A,  or  2202B),  as  a  court 
record,  varying  in  size  according  to  the  amount  of  such 
business  transacted  by  the  court.  In  addition  to  the 
bound  records,  the  duplicate  and  triplicate  declarations 
of  intention  (Form  2203)  will  be  furnished  as  loose 
sheets  attached  together  and  perforated,  so  that  they  can 
be  readily  torn  apart,  the  triplicate  to  be  given  to  the 
petitioner  and  the  duplicate  to  be  forwarded  to  the  Bureau 
of  Immigration  and  Naturalization  (Division  of  Natu- 
ralization.) Each  bound  record  w^ill  consist  of  the  or- 
iginal declarations  of  intention,  paged  in  consecutive  or- 
der and  indexed.  These  volumes  are  to  be  numbered  and 
will  form  a  permanent  record  of  the  court. 

6.  The  original  of  the  petitions  for  naturalization  will 
also  be  furnished  in  bound  volumes  (Form  2204,  2204A, 
or  2204B)  of  varying  size,  paged  in  consecutive  order, 
and  indexed.  The  duplicate  petitions  (Form  2205^)  will 
be  furnished  as  loose  sheets  and  must  be  forwarded  to  the 
Bureau  of  Immigration  and  Naturalization  (Division  of 
Naturalization)  within  thirty  days  after  execution.  The 
original  petitions  for  naturalization  must  be  filled  out  and 
signed  in  the  bound  volumes,  and  remain  as  a  part  of 
the  permanent  records  of  the  office  in  which  filed. 

7.  Certificates  of  naturalization  (Form  2207)  will  be 
supplied  in  bound  volumes  consisting  of  original  and  du- 
plicate certificates  and  stubs.  Each  original  and  duplicate 
certificate  and  the  stub  will  be  given  the  same  serial  num- 
ber, the  stub  to  the  original  certificate  bearing  a  page 
number  in  addition  to  its  serial  number.     Each  book  will 


204  Fundamentals  of  American  Government. 

bear  a  volume  number,  and  the  volume  number  and  page 
of  the  stub  must  be  given  on  the  face  of  the  certificate. 
The  original  certificate  will  be  given  to  the  petitioner  in 
accordance  with  the  final  order  of  the  court,  and  the  du- 
plicate shall  be  forwarded  to  the  Bureau  of  Immigration 
and  Naturalization  (Division  of  Naturalization)  by  reg- 
istered mail  within  thirty  days  after  the  issuance  of  the 
original,  the  stub  to  the  original  constituting  a  part  of 
the  permanent  records  of  the  court. 

8.  No  certificate  of  naturalization  shall  be  issued  to  a 
petitioner  until  after  the  judge  of  the  court  granting 
naturalization  has  signed  the  order  to  that  effect. 

9.  Clerks  of  courts  wall  be  furnished  with  requisition 
blanks  (Form  2201)  on  which  are  listed,  by  number  and 
title,  all  blank  forms,  including  record  and  order  books, 
to  be  used  in  the  naturalization  of  aliens,  and  these  forms 
must  be  obtained  exclusively  from  the  Department  of 
Commerce  and  Labor  (Division  of  Naturalization),  none 
other  being  official.  Manila  envelopes  or  jackets  (Form 
221 1 )  w^ill  be  furnished  to  clerks  in  which  to  place  the 
triplicate  declaration  of  intention  or  the  original  certifi- 
cate of  naturalization  before  delivering  them  to  the  per- 
son making  the  declaration  or  to  the  person  naturalized. 

10.  The  first  supply  of  blank  forms  will  be  furnished 
upon  the  written  application  of  the  clerks  of  courts  hav- 
ing jurisdiction  to  naturalize  aliens,  accompanied,  in  the 
case  of  clerks  of  state  courts,  by  authoritative  evidence 
(preferably  the  certificate  of  the  attorney  general  of  the 
state)  that  the  courts  of  which  such  clerks  are  officers 
have  "a.  seal,  a  clerk,  and  jurisdiction  in  actions  at  law 
or  equity,  or  law  and  equity,  in  which  the  amount  in  con- 
troversy is  unlimited."  Subsequent  supplies  of  such  blank 
forms  will  be  furnished  the  clerks  of  courts  having  juris- 
diction tQ  naturalize  aliens  upon  the  receipt  by  the  Bureau 


Naturalization.  205 

of  Immigration  and  Naturalization   (Division  of  Natu- 
ralization) of  requisitions  made  on  Form  2201. 

11.  Clerks  of  courts  when  first  making  applications  to 
the  Bureau  of  Immigration  and  Naturalization  (Division 
of  Naturalization)  for  supplies  of  the  blank  forms  re- 
quired in  the  naturalization  of  aliens  shall  state,  as  to  the 
two  years  next  preceding  the  date  of  such  application, 
the  number  of  declarations  of  intention  filed  with  them 
and  the  number  of  orders  of  naturalization  made  by  their 
courts,  respectively, 

12.  All  applications  for  supplies  of  certificates  of  nat- 
uralization (Form  2207)  should  be  accompanied  by  a 
statement  of  the  number,  if  any,  of  certificates  of  nat- 
uralization issued  by  the  clerks  of  courts  making  such 
applications  since  June  i,  1903,  if  such  certificates  failed 
to  comply  with  the  requirements  of  the  immigration  act 
of  March  3,  1903. 

13.  Where  the  same  court  holds  sessions  at  different 
places,  whether  a  clerk  is  appointed  at  each  of  said  places 
or  the  one  clerk  is  required  to  transact  the  business  of 
the  court  wherever  it  may  sit,  separate  supplies  shall  be 
kept,  in  order  to  comply  with  the  requirements  of  sec- 
tion 14  of  the  naturalization  act,  which  provides  that  the 
bound  declarations  of  intention  and  of  petitions  for  nat- 
uralization shall  be  in  chronological  order. 

14.  In  every  case  in  which  the  name  of  a  naturalized 
alien  is  changed  by  order  of  court,  as  provided  in  sec- 
tion 6,  the  clerks  of  courts  are  required  to  report  to  the 
Bureau  of  Immigration  and  Naturalization  (Division  of 
Naturalization),  when  transmitting  to  it  the  duplicate  of 
the  certificate  of  naturalization  of  the  alien  whose  name 
is  changed,  both  the  original  and  the  new  name  of  the 
said  person. 

15.  Within  thirty  days  after  posting  the  notice  (Form 


2o6  Fundamentals  of  American  Government. 

2206)  required  by  section  5  of  the  naturalization  act  of 
June  29,  1906,  the  clerk  shall  inform  the  Bureau  of  Im- 
migration and  Naturalization  (Division  of  Naturaliza- 
tion), on  Form  2209,  of  the  date,  as  near  as  may  be, 
for  the  final  hearing  of  each  and  every  petition  for  nat- 
uralization. 

16.  Applications  for  the  issuance  of  declarations  of  in- 
tention (Form  2203)  or  certificates  of  naturalization 
(Form  2207),  in  lieu  of  declarations  of  intention  or  cer- 
tificates of  naturalization  claimed  to  have  been  lost  or 
destroyed,  shall  be  made  under  oath  to  the  clerk  of  the 
court  by  which  any  such  declarations  of  intention  or  cer- 
tificates of  naturalization  were  originally  issued,  and  shall 
contain  full  information  in  regard  to  the  lost  or  destroyed 
papers,  and  as  to  the  time,  place,  and  circumstances  of 
such  alleged  loss  or  destruction.  The  clerk  shall  forward 
to  the  Bureau  of  Immigration  and  Naturalization  (Divi- 
sion of  Naturalization)  the  above-mentioned  applications, 
together  with  such  information  as  he  may  have  bearing 
upon  the  merits  thereof,  for  investigation,  and  no  such 
paper  so  applied  for  shall  be  issued  until  the  Bureau  of 
Immigration  and  Naturalization  (Division  of  Naturaliza- 
tion) reports  the  results  of  its  investigation  as  to  the 
merits  of  the  application. 

17.  In  every  case  in  which  the  clerk  of  a  court  issues, 
in  accordance  with  the  preceding  rule,  a  declaration  of 
intention  (Form  2203)  or  a  certificate  of  naturalization 
(Form  2207),  upon  proof  of  the  loss  or  destruction  of 
the  original,  he  shall  make  an  entry  on  the  original  dec- 
laration, or  on  the  stub  of  the  original  certificate  of  nat- 
uralization, as  the  case  may  require,  showing  the  issuance 
of  a  new  paper  and  the  number  thereof,  and  shall  imme- 
diately thereafter  forward  to  the  Bureau  of  Immigra- 
tion and  Naturalization  (Division  of  Naturalization)  the 
duplicate  of  any  such  paper  so  issued. 


Naturalization. 


207 


18.  If  an  alien  is  physically  unable  to  speak,  that  fact 
should  be  stated  in  his  petition  for  naturalization  in  lieu 
of  the  statement,  "I  am  able  to  speak  the  English  lan- 
guage." 

19.  Within  thirty  days  after  the  sitting  of  a  court  in 
naturalization  cases,  the  clerk  of  such  court  shall  for- 
ward to  the  Bureau  of  Immigration  and  Naturalization 
(Division  of  Naturalization)  on  Form  2210  a  list  con- 
taining the  name  of  each  and  every  alien  who,  during 
such  sitting  of  court,  has  been  denied  naturalization,  and 
the  reason  or  reasons  for  such  denial. 

20.  The  names  of  aliens  making  declarations  of  inten- 
tion, or  filing  petitions  for  naturalization,  must  be  entered 
in  full  in  the  appropriate  places  on  the  various  blank 
forms,  without  abbreviation,  and  the  signatures  of  such 
aliens  must  also  be  written  out  without  abbreviation. 
Great  care  should  be  taken  to  get  in  every  case  the  cor- 
rect spelling  of  names. 

21.  Clerks  of  courts  shall  not  receive  declarations  of 
intention  (Form  2203)  to  become  citizens  from  other 
aliens  than  white  persons  and  persons  of  African  nativity 
or  of  African  descent. 

22.  Beginning  with  October  i,  1906,  and  on  the  first 
working  day  of  each  and  every  month  thereafter,  clerks 
of  courts  shall  forward  to  the  Bureau  of  Immigration 
and  Naturalization  (Division  of  Naturalization)  dupli- 
cate declarations  of  intention  and  petitions  for  naturaliza- 
tion filed,  and  all  duplicates  of  certificates  of  naturaliza- 
tion issued,  during  the  preceding  month.  Duplicate  pe- 
titions for  naturalization  and  duplicate  certificates  of  nat- 
uralization shall  be  forwarded  by  registered  mail ;  and 
duplicate  declarations  of  intention  shall  be  sent  therewith, 
provided  the  combined  weight  of  the  documents  does  not 
exceed  4  pounds,  otherwise  they  shall  be  forwarded  in  a 


2o8  Fundamentals  of  American  Government. 

separate  package  by  unregistered  mail.  The  clerks  mak- 
ing such  shipments  are  required  to  notify  the  Chief  of 
the  Division  of  Naturalization  of  the  date  thereof,  by 
unregistered  mail,  on  Form  2208,  provided  for  that  pur- 
pose. In  transmitting  petitions  clerks  of  courts  are  di- 
rected to  state  that  the  names  of  the  petitioners  and  their 
witnesses  have  been  conspicuously  posted,  as  required  by 
law. 

23.  All  fees  provided  for  in  section  13  of  the  act  of 
June  29,  1906,  collected  by  clerks  of  courts  during  any 
quarter  of  a  fiscal  year,  shall  be  accounted  for  within 
thirty  days  after  the  close  of  such  quarter,  on  Form  2212, 
provided  for  that  purpose;  and  one  half  of  all  moneys  so 
collected  shall  be  remitted  to  the  Chief  of  the  Division 
of  Naturalization.  Bureau  of  Immigration  and  Naturali- 
zation, with  said  quarterly  accounts.  In  cases  where  no 
naturalization  business  is  transacted  during  any  quarter, 
said  blank  form  shall  be  forwarded  as  aforesaid,  with  the 
words  "No  transactions"  noted  thereon. 

24.  Under  section  2166  of  the  Revised  Statutes,  an 
honorably  discharged  soldier  who  is  of  the  age  of  twenty- 
one  years  and  upward  may  be  admitted  to  become  a  citi- 
zen of  the  United  States  without  making  the  declaration 
of  intention  required  of  other  aliens.  Also,  under  the 
provisions  of  the  act  of  July  26,  1894,  chapter  165,  any 
alien  of  the  age  of  twenty-one  years  and  upward,  who 
has  enlisted,  or  may  enlist,  in  the  United  States  Navy  or 
Marine  Corps,  having  been  honorably  discharged  there- 
from., after  a  residence  of  five  years  may  be  admitted  to 
become  a  citizen  of  the  United  States  without  making 
the  declaration  of  intention  required  of  other  aliens. 
Clerks  of  courts  are  therefore  instructed  to  appropriately 
note  upon  the  petition  of  such  discharged  alien  soldier,  or 
member  of  the  Navy  or  Marine  Corps,  and  upon  the 


Naturalisation.  209 

Stub  of  the  certificate  of  naturalization  issued  to  him,  in 
lieu  of  the  information  required  thereon  as  to  the  fihng 
of  the  declaration  of  intention,  that  the  petitioner  was  an 
honorably  discharged  alien  soldier,  or  member  of  the 
Navy  or  Marine  Corps,  and  applied  for  citizenship  under 
the  said  section  2166,  or  the  act  of  July  26,  1894. 

25.  So  far  as  is  practicable,  the  clerks  of  courts  having 
jurisdiction  under  the  provisions  of  the  naturalization 
laws  will  be  furnished  with  appropriately  addressed  en- 
velopes for  communicating  with  the  Bureau.  WHien  not 
using  such  envelopes,  however,  all  communications,  in 
addition  to  the  other  necessary  address,  should  be  plainly 
marked  "Division  of  Naturalization." 

26.  Clerks  of  courts  having  jurisdiction  to  naturalize 
under  the  provisions  of  the  act  of  June  29,  1906,  are  re- 
quested, in  case  the  foregoing  rules  and  regulations  fail 
to  remove  from  their  minds  doubt  as  to  the  proper  course 
of  action  in  any  case,  to  write  to  the  Chief  of  the  Di- 
vision of  Naturalization,  Bureau  of  Immigration  and 
Naturalization,  for  instructions  before  taking  such  action. 

V.  H.  Metcalf, 

Secretary. 


Fund,  of  Am.  CtOV. — 14. 


210  Fundamentals  of  American  Government. 


EXPATRIATION  LAW. 

[Public — No.  193.] 

An  Act  in  Reference  to  the  Expatriation  of  Citizens  and 
Their  Protection  Abroad. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  as- 
sembled. That  the  Secretary  of  State  shall  be  authorized, 
in  his  discretion,  to  issue  passports  to  persons  not  citizens 
of  the  United  States  as  follows :  Where  any  person  has 
made  a  declaration  of  intention  to  become  such  a  citizen 
as  provided  by  law,  and  has  resided  in  the  United  States 
for  three  years,  a  passport  may  be  issued  to  him  entitling- 
him  to  the  protection  of  the  government  in  any  foreign 
country:  Provided,  That  such  passport  shall  not  be  valid 
for  more  than  six  months  and  shall  not  be  renewed,  and 
that  such  passport  shall  not  entitle  the  holder  to  the  pro- 
tection of  this  government  in  the  country  of  which  he 
was  a  citizen  prior  to  making  such  declaration  of  in- 
tention. 

Sec.  2.  That  any  American  citizen  shall  be  deemed  to 
have  expatriated  himself  when  he  has  been  naturalized  in 
any  foreign  state  in  conformity  with  its  laws,  or  when 
he  has  taken  an  oath  of  allegiance  to  any  foreign  state. 

When  any  naturalized  citizen  shall  have  resided  for 
two  years  in  the  foreign  state  from  which  he  came,  or  for 
five  years  in  any  other  foreign  state,  it  shall  be  presumed 
tliat  he  has  ceased  to  be  an  American  citizen,  and  the 


Expatriation.  211 

place  of  his  general  abode  shall  be  deemed  his  place  of 
residence  during  said  years:  Provided,  hon'cvcr,  That 
such  presumption  may  be  overcome  on  the  presentation 
of  satisfactory  evidence  to  a  diplomatic  or  consular  offi- 
cer of  the  United  States,  under  such  rules  and  regulations 
as  the  Department  of  State  may  prescribe  :  And  provided 
also,  That  no  American  citizen  shall  be  allowed  to  expa- 
triate himself  when  this  country  is  at  war. 

Sec.  3.  That  any  American  woman  who  marries  a  for- 
eigner shall  take  the  nationality  of  her  husband.  At  the 
termination  of  the  marital  relation  she  may  assume  her 
American  citizenship,  if  abroad,  by  registering  as  an 
American  citizen  within  one  year  with  a  consul  of  the 
United  States,  or  by  returning  to  reside  in  the  United 
States,  or,  if  residing  in  the  United  States  at  the  termi- 
nation of  the  marital  relation,  by  continuing  to  reside 
therein. 

Sec.  4.  That  any  foreign  woman  who  acquires  Amer- 
ican citizenship  by  marriage  to  an  American  shall  be  as- 
sumed to  retain  the  same  after  the  termination  of  the 
marital  relation  if  she  continue  to  reside  in  the  United 
States,  unless  she  makes  formal  renunciation  thereof  be- 
fore a  court  having  jurisdiction  to  naturalize  aliens,  or  if 
she  resides  abroad  she  may  retain  her  citizenship  by  reg- 
istering as  such  before  a  United  States  consul  within  one 
year  after  the  termination  of  such  marital  relation. 

Sec.  5.  That  a  child  born  without  the  United  States, 
of  alien  parents,  shall  be  deemed  a  citizen  of  the  United 
States  by  virtue  of  the  naturalization  of  or  resumption  of 
American  citizenship  by  the  parent :  Provided,  That  such 
naturalization  or  resumption  takes  place  during  the  mi- 
nority of  such  child  :  And  proznded  further,  That  the 
citizenship  of  such  minor  child  shall  begin  at  the  time 


212  Fundamentals  of  American  Government. 

such  minor  child  begins  to  reside  permanently  in  the 
United  States, 

Sec.  6.  That  all  children  born  outside  the  limits  of  the 
United  States  who  are  citizens  thereof  in  accordance  with 
the  provisions  of  section  nineteen  hundred  and  ninety- 
three  of  the  Revised  Statutes  of  the  United  States,  and 
who  continue  to  reside  outside  the  United  States,  shall, 
in  order  to  receive  the  protection  of  this  government, 
be  required,  upon  reaching  the  age  of  eighteen  years,  to 
record  at  an  American  consulate  their  intention  to  be- 
come residents  and  remain  citizens  of  the  United  States, 
and  shall  be  further  required  to  take  the  oath  of  alle- 
giance to  the  United  States  upon  attaining  their  majority. 

Sec.  7.  That  duplicates  of  any  evidence,  registration, 
or  other  acts  required  by  this  act  shall  be  filed  with  the 
Department  of  State  for  record. 

Approved,  March  2,  1907. 


INDEX. 

A. 

Accused,  rights  of,  32,  153. 

Adams,  John,  President,  question  concerning  exercise  of 
power,  133;  announces  ratification  of  nth  Amendment, 

156. 

Administrative  Officers,  how  chosen,  6. 

Admiralty,  jurisdiction  of  courts,  138. 

AHens,  may  vote  in  some  states,  19;  may  be  punished  for 
treason,  139;  when  not  entitled  to  privilege  of  freedom 
of  speech  and  press,  150;  naturalization,  174;  registry 
of,  178;  naturalization,  procedure  on,  179;  declaration, 
179,  188,  194;  petition,  180,  183,  188,  195;  certificate 
of  arrival,  181;  oath  of  allegiance,  182;  to  renounce 
titles  and  orders,  182;  changing  name  on  naturaliza- 
tion, 183;  certificate  of  naturalization,  184,  185,  198; 
when  may  be  canceled,  189;  child  of,  when  becomes  a 
citizen,  211. 

Ambassadors,  citizen's  interest  in,  29 ;  states  not  to  appoint, 
94;  President  to  appoint,  136;  to  be  received  by  Presi- 
dent, 137;  jurisdiction  of  courts,  138. 

Amendments  to  Constitution,  general  provisions  concerning, 
143 ;  note  on  first  ten,  147;  ist  Amendment,  31,  32,  149; 
2d  Amendment,  151;  3d  Amendment,  32,  151;  4th 
Amendment,  151;  5th  Amendment,  30,  33,  151;  6th 
Amendment,  32,  153;  7th  Amendment,  33,  154;  8th 
Amendment,  154;  9th  Amendment,  154;  loth  Amend- 
ment, 10,  155;  nth  Amendment,  155;  12th  Amendment, 
157;  13th  Amendment,  113,  161  ;  14th  Amendment,  21, 
113,  166;  15th  Amendment,  19,  31,  170. 

Anarchists,  excluded  from  country,  22 ;  excluded  from  citi- 
zenship, 22,  180,  184. 

Apportionment,  of  representatives,  112,  113,  114,  166;  of 
taxes,  112,  114. 

213 


214  Index, 

Appropriations,  for  military  purposes  limited,  126;  law  nec- 
essary for,  130. 

Arms,  keeping  and  bearing,  citizen's  interest  in  laws  relat- 
ing to,  29;  2d  Amendment,  151. 

Army,  power  of  Congress  in  relation  to,  126;  appropriations 
for  limited,  126;  regulations,  126;  President  command- 
er in  chief,  136. 

Arsenals,  exclusive  power  of  Congress  over,  127. 

Articles  of  Confederation,  adoption  and  purpose  of,  8;  did 
not  create  nation,  9;  privileges  and  immunities  of  citi- 
zens, 21,  2"/,  92;  introductory  notes  on,  50,  90;  text  of, 
91 ;  purpose  of,  92;  fugitives  from  justice,  93;  faith  and 
credit,  93;  Congress,  93,  96,  99;  treaties,  94;  states, 
powers  limited,  94 ;  militia,  96,  99 ;  coinage,  99 ;  weights 
and  measures,  99 ;  Indians,  99 ;  postoffice,  99 ;  naval  offi- 
cers, 99:  Canada  may  join  Union,  loi ;  amendments, 
102;  ratification  of,  91,  103;  signers  of,  103. 

Articles  of  Magna  Charta,  presented  to  King  John,  52 ;  text 

of,  55- 
Assembly,  branch  of  colonial   legislature,  4;  members  of, 

chosen  by  people,  4. 
Attainder,  bill  of,  prohibited,  30,  129,  131 ;  defined,  30,  129; 

for  treason,  140. 
Attorney  General,  when  succeeds  to  presidency,  135. 


B. 


Bail,  excessive,  citizen's  interest  in  prohibition  against,  29; 
8th  Amendment,  154. 

Bank,  national,  act  for,  sustained,  108. 

Bankruptcy,  citizen's  interest  in  laws  relating  to,  29;  laws 
to  be  uniform,  123. 

Bill  of  Attainder.    See  Attainder. 

Bills  of  Credit,  limitation  on  issue  of,  lOO;  state  may  not 
emit,  131. 

Blackstone,  Sir  William,  on  Magna  Charta,  52,  53  ;  on  habeas 
corpus  act,  128. 

Bureau  of  Immigration  and  Naturalization,  established,  du- 
ties of,  178,  179;  records  of,  185,  186. 


Index.  215 

C. 

Cabinet  Officers,  when  succeed  to  presidency,  135. 

Canada,  Articles  of  Confederation,  may  join  Union,  loi. 

Census,  citizen's  interest  in,  29;  decennial,  112. 

Charities,  state  supervision  of,  12;  municipal,  15,  42. 

Charters,  authorizing  companies  to  settle  America,  i  ;  powers 
of  government  under,  4 ;  in  Rhode  Island  and  Connect- 
icut, continued  after  Revolution,  11;  of  cities,  15;  of 
villages,   17. 

Chase,  Samuel,  Supreme  Court,  opinion,  ex  post  facto  law, 
129. 

Chief  Justice,  when  to  preside  on  trial  of  impeachments,  116. 

Chinese,  naturalization  of,  prohibited,  176. 

Cities,  note  on,  15. 

Citizens,  privileges  and  immunities  of,  21,  2y,  29,  34,  92, 
140,  166;  two  classes  of,  21 ;  nation  guarantees  protec- 
tion of,  23 ;  naturalization,  effect  of  continued  absence 
from  country,  24,  210;  of  Hawaii  and  Texas,  became 
citizens  of  United  States,  25 ;  of  Porto  Rico,  status  of, 
26;  of  Philippine  Islands,  status  of,  26;  rights  protected 
by  Constitutions,  27 ;  duties  of,  34 ;  proportion  of.  en- 
titled to  vote,  35 ;  military  service,  36 ;  official  service, 
38;  penalty  for  refusal  to  perform,  40;  jury  service,  40; 
duty  to  support  government,  41 ;  duty  of  obedience  to 
law,  43;  rights  under  exercise  of  judicial  power,  138; 
defined,  166;  corporations  are  not,  169;  certain  dis- 
criminations against  prohibited,  170;  expatriation  law  of 
1907,  210;  American  woman  who  marries  foreigner, 
status  of,  211 ;  foreign  woman  marrying  American,  sta- 
tus of,  211;  children  of  naturalized  parents,  211;  chil- 
dren born  outside  of  United  States,  status  of,  212. 

Citizenship.  See  also  Citizens  and  Naturalization.  Note  on, 
20;  not  national  under  Articles  of  Confederation,  21; 
national  established  by  14th  Amendment,  21,  166;  anar- 
chists excluded  from,  22,  180,  184;  expatriation,  right 
of  declared,  23,  210. 

Civil  Service,  under  Magna  Charta,  49,  62,  75. 

Coinage,  citizen's  interest  in  laws  relating  to,  29;  Articles 
of  Confederation,  99;  powers  of  Congress  in  relation 
to,  124. 


2i6  Index. 

Colonies,  origin  of,  i ;  increase  of  population  in,  2 ;  forms  of 
government  in,  4,  7;  largely  settled  by  English  emi- 
grants, 6;  suffrage  in,  19. 

Commerce,  citizen's  interest  in,  29;  freedom  of,  49,  59,  74, 
93 ;  Congress  may  regulate,  123 ;  comprehends  naviga- 
tion, 123  ;  no  preference  among  states,  130. 

Commissioners  of  Immigration,  duties  of,  178. 

Companies,  authorized  to  settle  America,  i. 

Concurrent  Resolutions,  President's  action  on,  121. 

Confederation,  debts  of,  to  be  paid,  144. 

Congress,  the  national  legislature,  4,  1 1 1 ;  has  exclusive  pow- 
er of  naturalization,  21 ;  to  determine  status  of  inhabi- 
tants of  Philippine  Islands  and  Porto  Rico,  27;  citizen's 
interest  in,  29;  Articles  of  Confederation,  93,  96,  99; 
Continental,  recommends  constitutional  convention,  106; 
power  to  regulate  elections  of  representatives,  118;  an- 
nual session  of,  119;  general  powers  of,  119;  bills  passed 
by.  President's  action  on,  120;  particular  powers  of,  121 ; 
duties  and  taxes,  121 ;  borrowing  money,  122 ;  commerce, 
123  ;  naturalization,  123  ;  bankruptcy,  123  ;  coinage,  124 ; 
weights  and  measures,  124;  counterfeiting,  125;  post- 
office,  125  ;  postroads,  125  ;  patents,  125  ;  copyrights,  125  ; 
inferior  courts,  126;  piracies,  126;  war  power,  126,  131 ; 
navy,  126;  District  of  Columbia,  127;  forts,  magazines, 
arsenals,  and  dockyards,  127;  suspends  writ  of  habeas 
corpus,  128;  titles  of  nobility,  130;  extraordinary  ses- 
sions of,  137;  when  President  may  adjourn,  137;  new 
states,  142;  territories,  142;  amendments  to  Constitu- 
tion, 143;  discussions  in,  freedom  of  speech,  150;  meet- 
ing for  counting  presidential  votes,  160. 

Connecticut,  charter  government  in,  ii. 

Consent  of  the  Governed,  Declaration  of  Independence,  83 ; 
meaning  of,  2,  3 ;  how  expressed,  18 ;  illustrated  in  mu- 
nicipal affairs,  43. 

Constitution,  declares  principles  of  government,  3;  general 
scope  of  state,  1 1 ;  rights  of  citizens  protected  by,  27. 

Constitution  of  the  United  States,  adoption  of,  10;  relation 
to  state  Constitutions,  10;  made  by  people,  21 ;  privileges 
and  immunities  of  citizens,  27,  29,  140,  166;  introductory 
notes  on,  50,  105;  Convention,  106,  107;  proposed  con- 
stitution submitted  to  states  and  ratified,  107;  text  of, 


Index.  217 

107;  judicial  power,  137;  amendments,  143;  supreme 
law,  144;  ratification  of,  145;  signers  of,  145;  first  ten 
amendments,  147. 

Consuls,  President  to  appoint,  136;  jurisdiction  of  courts, 
138;  duties  under  naturalization  law,  189. 

Convention,  Constitutional,  relative  to,  105,  106;  meeting  and 
organization  of,  107;  recommends  Constitution,  107; 
state,  to  consider  Constitution,  107. 

Copyrights,  citizen's  interest  in,  29 ;  Congress  to  provide  for, 
125. 

Corporation,  not  entitled  to  privileges  and  immunities,  169 ;  is 
a  person,  170. 

Counterfeiting,  Congress  to  provide  for  punishment  of,  125; 
certificate  of  naturalization,  190. 

Counties,  note  on,   14. 

Court-martial,  in  militia  cases,  38. 

Courts.  See  also  Supreme  Court.  Purpose  and  powers  of, 
3,  4;  state,  13;  under  Magna  Charta,  where  held,  47, 
56,  70;  justice  to  be  free,  49,  59,  74;  inferior.  Congress 
may  provide  for,  126,  138;  jurisdiction  under  naturali- 
zation law,  178. 

Crimes,  state  laws  relating  to,  13;  piracies  and  felonies,  126; 
under  naturalization  law,  190. 

Currency,  of  United  States,  12;  citizen's  interest  in  laws  re- 
lating to,  29;  exclusive  power  of  Congress  in  relation 
to,  125. 

Customs.    See  Duties,  Imposts,  Customs,  and  Excises. 


D. 

Decedents'  Estates,  distribution  of,  48,  57,  72. 

Declaration  of  Independence,  statement  of  personal  rights, 
2 ;  asserts  independence  of  states,  8 ;  introductory  notes 
on,  49,  83;  text  of,  83;  statement  of  grievances,  84; 
signers  of,  88. 

Denio,  Hiram,  New  York  supreme  court,  opinion,  privileges 
and  immunities,  140. 

District  of  Columbia,  citizen's  interest  in,  29 ;  exclusive  au- 
thority of  Congress  in,  127;  appointment  of  justice  of 
the  peace  in,  133. 

Dockyards,  exclusive  aiithority  of  Congress  over,  127. 


2i8  Index. 

Dower,  guaranteed  by  Magna  Charta,  47,  55,  68. 

Draft,  during  Civil  War,  38. 

Drainage,  municipal  taxation  for,  42. 

Due  Process  of  Law,  citizen's  interest  in,  29;  under  jMagna 
Charta,  48,  58,  72,  74,  76;  5th  Amendment,  152;  14th 
Amendment,  166;  applies  to  corporations,  170. 

Dutch,  in  New  York,  6. 

Duties,  Imposts,  Customs,  and  Excises,  Articles  of  Confeder- 
ation, 94;  powers  of  Congress  in  relation  to,  121;  to  be 
uniform,  121,  130;  note  on,  122;  by  state,  131. 


Education,  state  supervision  of,  12;  municipal,  15,  42;  school 
districts,  18. 

Eighth  Amendment,  excessive  bail  and  fines,  cruel  and  un- 
usual punishments,  154. 

Elections,  in  colonies.  4 ;  in  state  and  nation,  13 ;  of  President 
and  Vice-President,  133,  157,  159;  no  naturalization 
within  thirty  days  preceding  general,  183. 

Elective  Franchise.  See  also  Suffrage  and  Voters.  Not  a 
right,  but  a  privilege,  19;  regulated  by  states,  19;  citi- 
zen's interest  in,  29;  secured  in  certain  cases,  30;  duty  to 
vote,  34;  is  a  trust,  35. 

Electoral  College,  how  composed,  6. 

Electoral  Commission  of  1877,  created,  159;  decision  of,  159. 

Eleventh  Amendment,  judicial  power  limited,  155;  note 
on,  156.  _ 

Emancipation,  proclamations  of,  163,  164;  no  compensation 
for  emancipated  slaves,  167. 

English  Government,  source  of  American,  4;  in  colonies  at 
Revolution,  7. 

English  Language,  general  use  of,  7;  applicant  for  natural- 
ization required  to  speak,  7,  22,  184;  in  Hawaii,  25. 

Equal  Protection  of  the  Laws,  citizen's  interest  in,  29;  14th 
Amendment,  166;  applies  to  corporations,  170. 

Excises.    See  also  Duties,  Imposts,  Customs,  and  Excises. 

Executive  Power,  in  nation,  3;  vested  in  President,  4,  132; 
citizen's  interest  in,  29;  note  on,  132. 


Index.  219 

Expatriation,  note  on,  23;  statutes  relating  to,  23,  24,  210; 
naturalized  citizen,  effect  of  continued  absence '  from 
country,  24,  124,  210;  introductory  note,  51;  under 
Magna  Charta,  49,  60,  74;  by  alien  after  declaration 
and  before  naturalization,  189;  act  of  1907,  text  of, 
210 ;  by  American  woman  on  marriage  to  foreigner  211' 

Exports,  from  states  not  taxable,  130. 

Ex  Post  Facto  Law,  defined,  31,  129;  prohibited,  31,  129 
131 ;  Missouri  Constitution,  129. 

Extraordinary  Sessions,  of  Congress,  President  may  con- 
vene, 137. 

F. 

Faith  and  Credit,  acts  of  state,  29,  140;  Articles  of  Con- 
federation, 93. 
Felonies,  Congress  to  provide  for  punishment  of,  126;  under 

naturalization  law,  190. 
Fifteenth  Amendment,  noted,  19,  31;  prohibits  certain  dis- 
crimmations  among  voters,  31,  170;  New  York's  action 
on,  170;  history  and  purpose  of,  172. 
Fifth  Amendment,  taking  private  propertv  for  public  use, 
30,  151 ;  twice  in  jeopardy,  33,  152 ;  witness  against  him- 
self, 33,  152. 
Fines,    excessive,   citizen's   interest   in   prohibition   against, 
29 ;  see  Magna  Charta,  48,  56,  71 ;  8th  Amendment,  154. 
First  Amendment,  freedom  of  speech  and  of  the  press,  31, 

149;  religious  freedom,  32,  149;  note  on,  149. 
Fish,  Hamilton,  Secretary  of  State,  certifies  to  ratification 

of  15th  Amendment,  170. 
Florida,  election  contest  in,  158. 
Forts,  exclusive  power  of  Congress  over,  127. 
Fourteenth  Amendment,  established  national  citizenship,  21, 
166;   privileges   and   immunities   of  citizens,   2y,    166; 
apportionment  of  Representatives,  113,  166;  disabilities 
of  persons   engaging  in   Rebellion,   167;  public   debts 
confirmed,  167;  adoption  of,  168. 
Fourth  Amendment,  unreasonable  searches  and  seizures,  151. 
Freedom  of  Speech,  guaranteed,  31,  149;  provision  not  ap- 
plicable to  excluded  alien,  150;  discussions  in  Congress, 
150. 


220  Index. 

Freedom  of  the  Press,  guaranteed,  31,  149;  provision  not 

applicable  to  excluded  alien,  150. 
Freemen,  rights  of,  48,  58,  59,  72,  74,  83. 
Fugitives  from  Justice,  citizen's  interest  in  laws  relating  to, 

29 ;  Articles  of  Confederation,  93 ;  provisions  relating 

to,  141. 
Fugitives  from  Labor,  provision  concerning,  141. 


G. 

Germans,  in  Pennsylvania,  6. 

Gold  and  Silver,  only  legal  tender  in  state,  131. 

Government,  essential  elements  of,  3 ;  contributions  for  sup- 
port of,  14;  necessity  of,  44;  claims  of,  preferred,  48, 
57,  71 ;  people  may  change,  83. 

Governor,  in  colony,  4;  powers  of  council,  4;  in  state,  13; 
veto  power,  14 ;  when  may  appoint  senator,  116. 

Great  Britain,  Treaty  of  Peace,  9. 

H. 

Habeas  Corpus,  writ  of,  defined,  31 ;  when  may  be  suspended, 
31,  127;  English  act,  128;  Congress  authorizes  suspen- 
sion of,  128;  President's  proclamation  suspending,  128. 

Hamilton,  Alexander,  proposed  convention  of  states  to  con- 
sider form  of  government,  105. 

Hawaiian  Islands,  acquisition  of  by  United  States,  24. 

Hayes,  Rutherford  B.,  elected  President,  158. 

Heirs,  rights  of,  55,  66,  67. 

Highways,  municipal  systems  of,  15;  taxation  for,  42. 

Homestead,  entries  by  aliens,  184. 

House  of  Representatives,  branch  of  colonial  legislature,  4; 
members  of,  chosen  by  people,  4,  5,  13,  11 1;  national 
derived  from  colonial  assembly,  5 ;  official  term  of,  6, 
III;  citizen's  interest  in,  29 ;  qualifications  of  voters  for 
members  of,  30,  1 1 1 ;  under  Constitution,  1 1 1 ;  members, 
qualifications  of,  112,  167;  apportionment  of,  112,  113,^ 
114,  166;  vacancies,  115;  powers  of,  115;  officers  of, 
115;  election  of  members,  how  regulated,  117;  to  deter- 
mine election  and  qualifications  of  members,  119;  may 


Index.  221 

compel  attendance  of  members,  119;  may  make  rules, 
119;  to  keep  journals,  119;  adjournments,  119;  com- 
pensation of  members,  120;  privileges  of  members,  120; 
members  not  to  hold  certain  offices,  120;  revenue  bills 
to  originate  in,  120;  member  of,  may  not  be  presidential 
elector,  133. 
Huguenots,  in  North  Carolina,  6. 

I. 

Impeachments,  citizen's  interest  in  proceedings  relating  to, 
29;  Senate  to  be  court  for  trial  of,  116;  judgment  in 
cases  of,  117. 

Imposts.     See  Duties,  Imposts,  Customs,  and  Excises. 

Income  Tax,  act  of  Congress  relating  to,  115. 

Indians,  early  occupants  of  America,  2  ;  Articles  of  Confeder- 
ation, 99 ;  not  taxed,  excluded  on  apportionment  of  rep- 
resentatives and  taxes,  112,  166;  Commerce  with,  Con- 
gress may  regulate,  123;  naturalization  of,  124. 

Indictments,  citizen's  interest  in  proceedings  relating  to,  29  ; 
when  required,  151;  militia,  when  not  subject  to,  152; 
under  naturalization  law,  193. 

Involuntary  Servitude,  citizen's  interest  in  laws  relating  to, 
29;  13th  Amendment,  161 ;  Ordinance  of  1787  and  Mis- 
souri Compromise,  165. 

J. 

Jackson,  William,  secretary  of  Federal  Constitutional  Con- 
vention, 107. 

Jeopardy,  twice  in,  prohibited,  33,  152. 

John,  King  of  England,  grants  Magna  Charta,  52. 

Judges,  how  chosen,  6;  official  term,  6. 

Judgment  Debtor,  procedure  against  under  Magna  Charta, 
47,  56,  68. 

Judicial  Powder,  in  nation,  3;  in  colony,  4;  m  states,  13;  ad- 
ministration of,  interest  of  citizens  in,  29;  jury  consti- 
tutes a  part  of,  40;  under  Magna  Charta.  48,  70;  jus- 
tice to  be  free,  49,  59,  74;  inferior  Federal  courts,  126, 
138;  under  Constitution.  138;  judges,  tenure  of  office, 
138;  extent  of,  138;  rights  of  citizens,  138;  limited,  nth 
Amendment,  155;  as  to  presidential  electors,  160. 


222  Index. 

Jury,  trial  by,  guaranteed,  33,  154;  service  on,  duty  of  citi- 
zen, 40;  relation  to  judicial  administration,  40;  penalty 
for  refusal  to  serve  on,  41 ;  in  Federal  courts,  regulated, 
138,  153. 

Jury  Service,  note  on,  40 ;  duty  of  citizen  in  relation  to,  40 ; 
educative  character  of,  41. 

Justice,  to  be  free,  49,  59,  74. 

L. 

Legal  Tender,  in  state,  limited  to  gold  and  silver,  131. 

Legislative  Council,  in  colonies,  4. 

Legislative  Power,  in  nation,  3;  vested  in  Congress,  4,  iii ; 
in  colonies,  4;  in  states,  13,  14;  in  cities,  15;  citizen's 
interest  in,  29;  of  states,  limited,  130. 

Legislature,  in  colony,  structure  and  powers  of,  4 ;  in  states, 
elect  United  States  senators,  5;  of  state,  13;  power  to 
regulate  elections  of  senators  and  representatives,  117, 
118. 

Letters  of  Marque  and  Reprisal,  powers  of  Congress  in  re- 
lation to,  126;  state  may  not  grant,  130. 

Lighting,  municipal  taxation  for,  42. 

Lincoln,  Abraham,  issues  proclamation  suspending  writ  of 
habeas  corpus,  128;  emancipation  proclamations,  164; 
recommends  adoption  of  13th  Amendment,  165. 

Louisiana,  election  contest  in,  158. 

M. 

Madison,  James,  Secretary  of  State,  mandamus  against,  133. 

Magazines,  exclusive  authority  of  Congress  over,  127. 

Magna  Charta,  introductory  notes  on,  46,  52 ;  articles  of,  55 ; 
text  of,  65. 

Marshall,  John,  Chief  Justice,  opinion,  establishing  the  Con- 
stitution, 108;  commerce,  123  ;  powers  of  President,  132. 

Mayor,  chief  executive  officer  in  city,  15. 

Military  Officers,  how  chosen,  6;  Articles  of  Confederation, 
g6,  99. 

Military  Service,  note  on,  36. 

Militia,  citizen's  interest  in,  29;  when  may  be  called  out, 
37,  126;  act  relating  to,  37;  defined,  classification  of, 


Index.  22-? 


37;  Articles  of  Confederation,  96,  99;  powers  of  Con- 
gress in  relation  to,  126;  when  not  subject  to  indict- 
ment, 152. 

Miller,  Samuel  F.,  Supreme  Court,  opinion,  necessity  for 
13th  Amendment,  164;  14th  Amendment,  168;  mth 
Amendment,  172. 

Minors,  under  Magna  Charta,  47,  67. 

Missouri,  Constitution,  ex  post  facto  law,  129;  laws  of  de- 
termined status  of  Dred  Scott,  163 

Missouri  Compromise,  declared  unconstitutional,  163  ;  slavery 
prohibited  by,  165.  '      o  >  y 

Money.  ^  See  also  Coinage  and  Currency.    Note  on,  12  •  citi- 
zen s  interest  in  laws  relating  to,  29;  Articles  of  Con- 
tecleration,  99;  Congress  may  borrow,   122;  exclusive 
power  of  Congress  in  relation  to,  125 ;  counterfeiting 
125;  in  treasury,  how  drawn,  130;  state  may  not  coin 
131.  •  ' 

Municipal  Government,  note  on,   14;  relation  of,  to  state 
14 ;  see  Magna  Charta,  47,  69. 


N. 


Nation  note  on,  3;  of  English  origin,  6;  not  created  bv  Ar- 
ticles of  Confederation,  9;  created  by  Constitution  10  • 
money  of,  12;  citizenship  in,  21;  guarantees  protection 
of  citizens,  27, ;  see  Qiisholm  Case,  156  ' 

Naturalization,  applicant  for,  must  speak  English,  7  22  184- 
probationary  residence,  7,  20,  182 ;  states  might  grant  be- 
fore Constitution,  9,  20;  defined,  20;  qualifications  of 
applicant  for,  20;  Constitution  vests  exclusive  power 
m  Congress,  21,  123;  laws  relating  to,  21  174 
170,  177;  applicant  for  must  write  his  own  'name' 
22,  180;  of  inhabitants  of  outlying  possessions,  26' 
200;  citizens  interest  in,  29;  introductory  note' 
51;  of  Indians,  124;  extent  of  power,  163;  hon- 
orably discharged  soldiers  and  sailors,  174  176- 
who  entitled  to,  174;  of  alien  enemies  prohibited' 
174;  seamen.  175;  of  Chinese  prohibited,  176;  certain 
certificates  of,  validated,  176;  Bureau  of  Immigration 
and  Naturalization  established,  178,  179;  registry  of 
aliens,  178 ;  Secretary  of  Commerce  and  Labor,  178,  200  • 


224  Index. 

jurisdiction  of  courts,  178;  procedure,  179;  declaration, 
179,  188,  194;  petition,  180,  188,  195;  anarchists  exclud- 
ed, 22,  180,  184;  polygamists  excluded,  181,  184;  cer- 
tificate of  alien's  arrival,  181;  oath  of  allegiance,  182; 
titles  and  orders  to  be  renounced,  182 ;  widow  and 
minor  children  of  deceased  applicant,  183;  hearing  on 
application,  183,  184;  not  within  thirty  days  preceding 
general  election,  183 ;  changing  name  of  applicant, 
183;  homestead  entries,  184;  records  of,  185,  188;  cer- 
tificate of,  184,  185,  190,  198;  fees  on,  187,  192;  when 
may  be  canceled,  189;  fraudulent,  effect  of,  190,  193; 
counterfeiting  certificates,  191 ;  ofificial  neglect,  how  pun- 
ished, 192;  forms,  194,  195;  regulations,  202;  expa- 
triation law  of  1907,  210 ;  children  of  naturalized  parents, 
211. 

Naval  Officers,  how  chosen,  6;  Articles  of  Confederation,  99. 

Navigation,  commerce  includes,  123. 

Navy,  Congress  to  provide  for,  126;  dockyards,  127. 

Negroes,  status  of,  at  Revolution,  162;  enfranchisement  of, 
165;  naturalization  of,  174. 

New  England,  settled  by  Englishmen,  6;  town  meetings  in, 
16. 

New  York,  Dutch  settlers  in,  6;  resolutions  relative  to  de- 
fects in  Confederation,  105 ;  ratification  of  first  group  of 
amendments,  148;  action  on  15th  Amendment,  170. 

Ninth  Amendment,  rights  reserved  to  people,  154. 

North  Carolina,  Huguenot  settlers  in,  6. 

O. 

Obligation  of  Contracts,  state  cannot  impair,  32,  131;  note 
on,  131.  ^ 

Office.  See  also  Vacancies.  Right  to  hold,  citizen  s  inter- 
est in,  29 ;  senators  and  representatives  not  to  hold  cer- 
tain offices,  120. 

Officers.  See  also  Vacancies.  Appointment  and  removal  of, 
citizen's  interest  in,  29;  official  service,  duty  of  citizen, 
38 ;  Federal,  when  not  to  accept  presents,  130 ;  executive, 
note  on,  132 ;  President  to  nominate  and  appoint,  136 ;  to 
fill  vacancies,  137 ;  President  to  commission,  137 ;  remov- 
al of,  137;  judicial,  compensation  and  tenure  of  office, 
138;  to  take  official  oath,  144;  not  subject  to  religious 
test,  144;  disqualifications  under  14th  Amendment,  167. 


Index.  22;^ 

Official  Oath,  of  President,  136;  to  be  taken  by  all  officers, 

144- 
Official  Service,  note  on,  38;  duty  of  citizen  to  perform,  39; 

penalty  for  refusal,  40. 
Oleomargarine,  tax  on,  sustained,  122. 
Ordinance  of  1787,  slavery  prohibited  by,  165. 
Oregon,  election  contest  in,  158. 

P. 

Palgrave,  Sir  Francis,  comment  on  Norman  Conquest,  46. 

Pardons  and  Reprieves,  President  may  grant,  136. 

Parks,  municipal  taxation  for,  42. 

Passports,  Secretary  of  State  may  issue,  effect  of,  210. 

Patents,  citizen's  interest  in,  29 ;  Congress  to  provide  for,  125. 

Pennsylvania,  German  settlers  in,  6. 

People,  right  to  self-government,  2;  bound  by  Constitution, 
3;  relation  to  national  and  state  governments,  11,  12; 
powers  of,  in  municipal  government,  14-18;  making 
Constitution,  21,  108;  reserved  rights  of,  29,  154;  re- 
lation to  judicial  administration,  40;  divine  right  of  self- 
government,  44 ;  freedom  of,  as  derived  from  Magna 
Charta,  47,  66 ;  right  to  change  government,  83  ;  relation 
of  slaves  to,  108. 

Petition,  right  of,  citizen's  interest  in,  29;  ist  Amendment, 

Philippine  Islands,  acquisition  of,  26;  government  for,  26; 

status  of  citizens,  26,  2y ;  naturalization  of,  26. 
Piracies,  Congress  to  provide  for  punishment  of,  126. 
Police,  municipal  systems  of,  15,  42. 

Police  Power,  of  state,  not  affected  by  14th  Amendment,  170. 
Polygamists,  excluded  from  naturalization,  181,  184. 
Popular  Government,  note  on,  2;  prevails  in  states,  13. 
Porto  Rico,  acquisition  of,  25 ;  government  for,  26 ;  status 
Postmaster  General,  when  succeeds  to  presidency,  135. 

of  citizens  of,  26,  27 ;  naturalization  of,  26. 
Postoffice.  relation  to  people,   11;  citizen's  interest  in,  29: 

Articles  of   Confederation,  99;   Congress   to  establish 

postoffices,  125. 
Post  Roads,  Congress  to  establish,  125. 
Preamble  to  Constitution,  text  of,  107;  note  on,  108. 


226  hid  ex. 

Presents,  to  Federal  officers  prohibited,  130. 

President,  executive  head  of  nation,  4,  5,  132;  how  chosen, 
5>  I33»  157  J  official  term  of,  6,  132;  citizen's  interest  in, 
29;  resemblance  to  English  monarch,  117;  may  be  im- 
peached, 117;  action  on  bills,  120;  on  concurrent  resolu- 
tions, 121 ;  authority  over  state  militia,  126;  Chief  Jus- 
tice Marshall  on  powers  of,  132;  qualifications  of,  134; 
compensation,  135;  official  oath,  136;  general  powers, 
136;  commander  in  chief,  136;  opinions  by  department 
officers,  136;  pardons  and  reprieves,  136;  treaties,  136; 
nomination  and  appointment  of  officers,  136;  to  fill  va- 
cancies, 137;  general  duties  of,  137;  messages  to  Con- 
gress, 137;  when  may  adjourn  Congress,  137;  to  re- 
ceive ambassadors  and  ministers,  137;  commission  offi- 
cers, 137;  removal  of,  137;  may  not  veto  constitutional 
amendment,  143. 

Presidential  Electors,  powers  of,  5,  133,  157;  how  chosen, 
6,  133 ;  citizen's  interest  in,  29 ;  right  to  vote  for,  31 ;  act 
regulating  procedure  by,  159;  states  may  determine 
election  of,  159,  160;  are  state  officers,  160;  disquali- 
fication of  certain  persons,  167. 

Presidential  Succession,  note  on,  135. 

President  of  the  Senate,  Vice-President,  116;  temporary, 
116. 

Press.     See  Freedom  of  the  Press. 

Privileges  and  Immunities,  under  Articles  of  Confederation, 
21,  27,  92;  Constitution  of  United  States,  27,  140;  14th 
Amendment,  27,  166;  classification  of,  28;  general  pro- 
visions, 29;  value  and  scope  of,  34;  note  on,  140;  de- 
fined, 140;  negroes  not  entitled  to,  162;  not  applicable 
to  corporations,  169;  does  not  include  right  of  suf- 
frage, 170. 

Property,  Private,  compensation  for  taking  for  public  use, 
30,48,72,  152. 

Public  Buildings,  municipal  taxation  for,  42. 

Public  Credit,  borrowing  money  on,  meaning  of,  122. 

Public  Debt,  validity  of,  interest  of  citizens  in,  291 ;  Con- 
gress to  provide  for  payment  of,  121 ;  confirmed,  167. 

Public  Funds,  appropriations  and  expenditures,  citizen's  in- 
terest in,  29. 

Public  Health,  supervision  of,  15;  municipal  taxation  for, 
42. 


Index,  227 

Public  Lands,  sale  of,  as  source  of  revenue,  12;  citizen's  in- 
terest in,  29. 

Public  Ministers,  President  to  appoint,  136;  to  be  received 
by  President,  137;  jurisdiction  of  courts,  138. 

Public  Use,  compensation  for  private  property  taken  for, 
30,48,72,152. 

Punishment,  cruel  and  unusual,  citizen's  interest  m  laws  re- 
lating to,  29;  8th  Amendment,  154, 

Q- 

Quartering  Troops,  prohibited,  32,  151. 

R. 

Rebellion,  persons  engaged  in,  disabilities  of,  167;  debts  in- 
curred in  aid  of,  payment  prohibited,  167. 

Religious  Freedom,  guaranteed,  32,  47,  66,  149;  religious 
test  prohibited,  144;  application  of  constitutional  provi- 
sion, 149,  150. 

Religious  Organizations,  state  supervision  of,  13. 

Reprieves.    See  Pardons  and  Reprieves. 

Republican  Form  of  Government,  described,  3,  5,  13,  142; 
guaranteed  to  each  state,  13,  142  ;  citizen's  interest  in,  29. 

Reserved  Powers  of  States,  under  Articles  of  Confederation, 
8;  under  Constitution,  10,  155;  citizen's  interest  in,  29. 

Reserved  Rights,  interest  of  citizens  in,  29;  Articles  of  Con- 
federation, 92;  9th  Amendment,  154. 

Revenue,  various  sources  of,  12,  42,  114;  bills  for,  to  orig- 
inate in  House  of  Representatives,  120. 

Revolution,  date  of,  6. 

Rhode  Island,  charter  government  in,  11. 

Right  of  Assembly,  citizen's  interest  in,  29;  ist  Amendment, 
149. 

S. 

St.  Paul,  quoted,  duties  of  ci^^izens,  43. 

St.  Peter,  quoted,  duties  of  citizens,  43. 

School  Districts,  relation  to  town,  17;  note  on,  18. 

Science  and  Useful  Arts,  promotion  of,  125. 

Scott,  Dred,  case  of,  108,  162;  doctrine  of,  overturned,  169. 

Seam.en,  alien,  naturalization  of,  175. 


228  Index. 

Searches  and  Seizures,  unreasonable,  interest  of  citizens  in 
proceedings  relating  to,  29;  prohibited,  151 ;  appUcation 
of  provision,  151. 

Search  Warrants,  citizen's  interest  in  laws  relating  to,  29. 

Second  Amendment,  people  may  keep  and  bear  arms,  155. 

Secretary  of  Commerce  and  Labor,  duties  of,  relative  to 
naturalization,  178;  certificate  of  alien's  arrival,  181; 
may  make  rules  under  naturalization  law,  200. 

Secretary  of  Interior,  when  succeeds  to  presidency,  135. 

Secretary  of  Navy,  when  succeeds  to  presidency,  135. 

Secretary  of  State,  when  succeeds  to  presidency,  135;  pass- 
ports by,  210. 

Secretary  of  the  Treasury,  when  succeeds  to  presidency,  135. 

Secretary  of  War,  when  succeeds  to  presidency,  135. 

Senate,  derived  from  colonial  legislative  council,  5 ;  members 
of,  how  chosen,  5,  115;  official  terms  of,  6,  115;  citi- 
zen's interest  in,  29;  under  Constitution,  iii,  115; 
classification  of  members,  115;  vacancies,  115;  quali- 
fications of  senators,  116,  167;  president  of,  116;  im- 
peachments, 116;  election  of  members,  how  regulated, 
117 ;  to  determine  election  and  qualifications  of  members, 
119;  may  compel  attendance  of  members,  119;  may  make 
rules,  119;  to  keep  journals,  119;  adjournments,  119; 
compensation  of  members,  120;  privileges  of  members, 
120;  members  not  to  hold  certain  offices,  120;  revenue 
bills,  120;  members  of,  may  not  be  presidential  electors, 
133;  treaties,  136;  power  to  confirm  appointments,  136. 

Seventh  Amendment,  trial  by  jury,  33,  154. 

Seward,  William  H.,  Secretary  of  State,  certifies  to  ratifica- 
tion of  13th  Amendment,  165;  14th  Amendment,  168. 

Silver.    See  Gold  and  Silver. 

Sixth  Amendment,  rights  of  accused,  32,  153. 

Slavery,  citizen's  interest  in  laws  relating  to,  29;  abolition 
of,  113,  161;  ordinance  of  1787,  165;  Missouri  Com- 
promise, 165. 

Slaves,  status  of,  at  Revolution,  108,  162;  counted  on  ap- 
portionment of  representatives  and  taxes,  112;  slave 
trade  regulated,  127;  emancipation  of,  164;  compen- 
sation for,  not  allowed,  167 ;  condition  of,  after  emancipa- 
tion and  before  enfranchisement,  168. 

South  Carolina,  election  contest  in,   158. 


Index. 


229 


Spain,  treaty  with,  25. 

Speaker,  House  of  Representatives  to  choose,  115. 

Speech.     See  Freedom  of  Speech. 

Stamp  Tax,  act  for  sustained,  122. 

States,  basis  of  government,  2;  colonial  forms  of  g-overn- 
ment  continued  in,  5,11;  note  on,  7 ;  relation  to  nation 
and  other  states,  7 ;  original  derived  from  colonies,  7 ; 
union  of,  8;  reserved  powers  of,  8,  10,  29,  155;  consti- 
tutions subordinate  to  Federal  Constitution,  10;  general 
scope  of  Constitution,  11 ;  governments  of,  13;  elections 
in,  13;  may  regulate  elective  franchise,  19;  new,  interest 
of  citizens  in,  29 ;  limitation  of  powers  of,  citizen's  inter- 
est in,  29,  92 ;  faith  and  credit  of  act,  citizen's  interest  in, 
29;  independence  declared,  87;  names  of  original,  91, 
92;  conventions  to  consider  national  Constitution,  107; 
power  to  regulate  elections  of  senators  and  repre- 
sentatives, 117;  commerce  among,  Congress  may  regu- 
late, 123;  money  not  subject  to  state  regulation,  125; 
exports  from,  not  taxable,  130;  limitation  of  powers,  130, 
166;  treaties,  130,  131;  letters  of  marque  and  reprisal, 
130;  money,  131 ;  bills  of  credit,  131 ;  legal  tender,  131  ; 
bill  of  attainder,  131  ;  ex  post  facto  law,  131 ;  obligation 
of  contracts,  131 ;  titles  of  nobility,  131 ;  duties  and  in:- 
posts,  131 ;  tonnage,  131  ;  troops  and  war  ships,  131  ; 
presidential  electors,  133;  public  acts  of,  faith  and  credit 
given  to,  140;  new,  may  be  admitted,  142;  may  deter- 
mine election  of  presidential  electors,  159,  160;  police 
power  not  affected  by  14th  Amendment,  170. 

Story,  Joseph,  Supreme  Court,  opinion,  apportionment  of 
representatives,  113;  President's  authority  over  state 
militia,  126. 

Streets.    See  Highways. 

Suffrage.  See  also  Elective  Franchise;  Voters.  Note  on, 
18;  in  colonies,  19;  right  of,  conferred  on  women,  19; 
15th  Amendment,  19;  citizen's  interest  in  right  of,  29; 
discriminations  in,  when  prohibited,  31,  170;  duty  to 
vote,  34 ;  proportion  of  persons  entitled  to  vote,  35 ; 
right  of,  not  conferred  by  14th  Amendment,  170. 

Supreme  Court,  created,  5,  138;  judges  of.  President  to  ap- 
point, 136;  compensation  and  tenure  of  office,  138;  ju- 
risdiction of,  138. 

Supreme  Law,  defined,  144;  note  on,  144. 


230  Index. 

T. 

Taney,  Roger  B.,  Chief  Justice,  opinion,  Dred  Scott  Case, 
108,  162;  naturalization,  163. 

Tariff,  as  source  of  revenue,  12 ;  citizen's  interest  in,  29. 

Taxation,  state,  13;  municipal,  15;  citizen's  interest  in,  29; 
voters  on  questions  relating  to,  35;  indirect,  42;  for 
various  municipal  purposes,  42. 

Taxes,  internal,  12;  for  support  of  government,  42;  indirect, 
42,  122;  Articles  of  Confederation,  94;  apportionment 
of,  under  Constitution,  112,  113,  114;  direct,  note  on, 
113,  130;  income  tax,  115;  powers  of  Congress  in  re- 
lation to,  121  ;  stamp  tax,  122;  oleomargarine,  122. 

Tenth  Amendment,  reserved  powers  of  states,  10,  155;  note 
on,  155. 

Territories,  interest  of  citizens  in,  29;  powers  of  Congress 
in  relation  to,  142. 

Texas,  annexation  of,  25;  citizens  of,  became  citizens  of 
United  States,  25. 

Third  Amendment,  quartering  troops,  32,  151. 

Thirteenth  Amendment,  noted,  113;  slavery  prohibited,  161 ; 
Justice  Miller  on,  164;  adoption  of,  165;  historical  pre- 
cedents. 

Tilden,  Samuel  J.,  candidate  for  President,  158. 

Titles  of  Nobility,  interest  of  citizens  in  provisions  relating 
to,  29;  prohibited,  130;  state  may  not  grant,  131 ;  to  be 
renounced  by  alien,  182. 

Tonnage,  limitation  of  state  power,  131. 

Town  Meeting,  early  powers  of,  16. 

Towns,  note  on,  15. 

Treason,  defined,  139;  note  on,  139;  alien  may  be  punished 
for,  139;  punishment  for,  140. 

Treasury,  relation  to  people,  supervision  of  money  system, 
12 ;  how  money  drawn  from,  130. 

Treaty,  with  Great  Britain,  9;  with  Spain,  25 ;  interest  of  cit- 
izens in,  29;  Articles  of  Confederation,  94;  state  not  to 
make,  130,  131  ;  President's  power,  136. 

Troops,  when  state  may  not  keep,  131. 

Twelfth  Amendment,  election  of  President  and  Vice-Presi- 
dent, 157;  note  on,  158. 


Index.  231 

U. 

Union  of  States,  necessity  and  purpose  of,  8,  9;  Articles  of 
Confederation,  91,  102;  weakness  of,  under  Confedera- 
tion, 105. 

United  States,  a  nation  of  immigrants,  i ;  basis  of  govern- 
ment, 2  ;  a  republic,  3  ;  an  English  nation,  6 ;  how  formed, 
8;  Articles  of  Confederation,  8,  92;  Constitution,  10; 
money  of,  12;  revenue,  12;  guarantees  protection  of  citi- 
zens, 23;  acquisition  of  Hawaiian  Islands,  24;  Porto 
Rico,  25 ;  Philippine  Islands,  26 ;  origin  of  name,  92 ; 
officers  of,  when  not  to  accept  presents,  130;  new  states, 
142. 

V. 

Vacancies,  House  of  Representatives,  115;  Senate,  115; 
President  to  fill,  137. 

Veto  Power,  in  states,  14;  by  President,  120;  not  applicable 
to  constitutional  amendment,  143. 

Vice-President,  how  chosen,  5,  133;  official  term  of,  6,  132; 
interest  of  citizens  in,  29 ;  president  of  Senate,  1 16 ;  when 
to  become  President,  135;  removal  of,  137. 

Villages,  relation  to  town,  16;  note  on,  17. 

Virginia,  settled  by  Englishmen,  6;  initiates  movement  for 
Federal  convention,  106;  ratification  of  first  grpup  of 
amendments,  148. 

Voters,  qualifications  of  in  colonies,  4,  19;  women  included 
in  certain  cases,  19,  35;  aliens,  19;  in  Hawaii,  25;  for 
members  of  Congress,  30 ;  for  presidential  electors,  30 ; 
certain  discriminations  among  prohibited,  31 ;  duties  of, 
34 ;  classification  of,  35  ;  general  qualifications  of,  35  ;  ex- 
clusion of  for  neglect  to  vote,  36. 

W. 

Waite,  Morrisc^i  R.,  Chief  Justice,  opinion,  republican  form 

of  government,  142. 
War,  powers  of  Congress  in  relation  to,  126,  131. 
War  Ships,  when  state  may  not  keep,  131. 
Washington,   George,    President   of   Federal   Constitutional 

Convention,  10,  107 ;  first  President  of  United  States,  10. 
Water  Supply,  municipal  taxation  for,  42. 


232  Index. 

Webster,  Daniel,  Secretary  of  State,  report  by,  treason  of 
aliens,  139. 

Weights  and  Measures,  standard  of,  citizen's  interest  in,  29 ; 
under  Magna  Charta,  48,  57,  73 ;  Articles  of  Confeder- 
ation, 99;  powers  of  Congress  in  relation  to,  124. 

William  of  Normandy,  conquers  England,  46. 

Witness  against  Himself,  person  not  compelled  to  be,  ^7, 

Women,  right  to  vote  in  certain  cases,  19,  35;  are  citizens, 
170;  Americans  marrying  foreigners,  status  of,  211; 
foreigners  marrying  Americans,  status  of,  211.  .-.^ 


L«^M 


% 


SCHOOL,  O'^^A':       -"-^  S, 


AA  000  769  838  4 


Author:  55577 

Lincoln,  Charles  Z 

Title  : 

Fundamentals  of  Am.  ^ovt. 

copy  k 


LAW^IBRARY 
University  of  S^t^ern  California 


Los  Angeles,  G*||^rnia 
V* 

RULES 


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